McAllister v. Board of Ed., Town of Kearny, No. A--76
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | PER CURIAM |
| Citation | 42 N.J. 56,198 A.2d 765 |
| Parties | Dolores McALLISTER, Petitioner-Respondent, v. BOARD OF EDUCATION, TOWN OF KEARNY, Respondent-Appellant. |
| Docket Number | No. A--76 |
| Decision Date | 17 March 1964 |
Page 56
v.
BOARD OF EDUCATION, TOWN OF KEARNY, Respondent-Appellant.
Decided March 17, 1964.
Page 57
[198 A.2d 766] Henry G. Morgan and Robert J. C. McCoid, Newark, for respondent-appellant (Schneider & Morgan, Newark, attorneys).
Aaron Gordon, Jersey City, for petitioner-respondent.
Isidor Kalisch, Newark, for American Hard, Rubber Co., filed a brief amicus curiae.
PER CURIAM.
In 1952 the decedent fell from a ladder and suffered injury including serious heart damage. He filed his workmen's compensation claim and in 1955 the Division determined that he was totally and permanently disabled; it awarded him 75% Of total permanent, finding that 25% Of his disability was due to pre-existing arteriosclerotic and arthritic conditions which were not affected by his accident. In 1957 he suffered a severe emotional upset and died, leaving his widow and three minor children. his widow filed her dependency claim petition for compensation and a hearing was held before the Division. Medical testimony was introduced by her to the effect that after the accident the decedent's condition deteriorated progressively, that the underlying arteriosclerotic condition had little to do with the deterioration, and that the decedent's accident and death were causally related. Medical testimony was introduced by the Board of Education to refute causal relationship but the Compensation Judge rejected it, pointing out that it ignored 'the continuing effects of the accident' and the fact that at no point had 'a stationary fixed level been reached.' He expressly found causal relation between the accident and the death and also determined that the applicable compensation rates were those in force under N.J.S.A. 34:15--13 at the time of the decedent's death, namely, October 12, 1957.
The Board appealed to the County Court from the award rendered against it in the Division. It urged that there was
Page 58
no causal relation between the accident and the death and also that the Compensation Judge had erred in his determination that the rates in effect at the time of the death rather than the accident were controlling. After reviewing the evidence, the County Court made the finding that the petitioner had established causal relationship and that she was entitled to judgment for death benefits for herself and her minor children. It then determined, however, that the controlling rates were those in force at the time of the accident. On cross appeals to the Appellate Division, that court reviewed the evidence and made an...To continue reading
Request your trial
-
Nieves v. Hess Oil Virgin Islands Corp., Nos. 86-3049
...employment relationship. Representative of these cases is McAllister v. Board of Education, 79 N.J.Super. 249, 191 A.2d 212 (1963), aff'd, 42 N.J. 56, 198 A.2d 765 (1964), in which the court Although the rights and liabilities of employer and employee under the Workmen's Compensation Act ha......
-
State v. Johnson, No. A--17
...and Ricciardi v. Marcalus Manufacturing Co., 26 N.J. 445, 140 A.2d 215 (1958), but see McAllister v. Board of Education, Town of Kearny, 42 N.J. 56, 198 A.2d 765 3 Moreover, although not pertinent under the State's theory in the instant case, the impaired state need not result solely from t......
-
Booker v. Duke Medical Center, No. 77
...94 S.Ct. 130, 38 L.Ed.2d 39 (1973); Hirsch v. Hirsch Brothers, Inc., 97 N.H. 480, 92 A.2d 402 (1952); McAllister v. Board of Education, 42 N.J. 56, 198 A.2d 765 (1964); Silver King Coalition Mines Co. v. Industrial Commission, 2 Utah 2d 1, 268 P.2d 689 (1954); Sizemore v. State Workmen's Co......
-
Wood v. J. P. Stevens & Co., No. 62
...Mining Co. v. Industrial Accident Commission, supra; McAllister v. Board of Education, 79 N.J.Super. 249, 191 A.2d 212 (1963), Aff'd, 42 N.J. 56, 198 A.2d 765 (1964); and Rogala v. John Deere Plow Co., Having construed the current version of G.S. 97-53(13) as applying to all cases in which ......
-
Nieves v. Hess Oil Virgin Islands Corp., Nos. 86-3049
...employment relationship. Representative of these cases is McAllister v. Board of Education, 79 N.J.Super. 249, 191 A.2d 212 (1963), aff'd, 42 N.J. 56, 198 A.2d 765 (1964), in which the court Although the rights and liabilities of employer and employee under the Workmen's Compensation Act ha......
-
State v. Johnson, No. A--17
...and Ricciardi v. Marcalus Manufacturing Co., 26 N.J. 445, 140 A.2d 215 (1958), but see McAllister v. Board of Education, Town of Kearny, 42 N.J. 56, 198 A.2d 765 3 Moreover, although not pertinent under the State's theory in the instant case, the impaired state need not result solely from t......
-
Booker v. Duke Medical Center, No. 77
...94 S.Ct. 130, 38 L.Ed.2d 39 (1973); Hirsch v. Hirsch Brothers, Inc., 97 N.H. 480, 92 A.2d 402 (1952); McAllister v. Board of Education, 42 N.J. 56, 198 A.2d 765 (1964); Silver King Coalition Mines Co. v. Industrial Commission, 2 Utah 2d 1, 268 P.2d 689 (1954); Sizemore v. State Workmen's Co......
-
Wood v. J. P. Stevens & Co., No. 62
...Mining Co. v. Industrial Accident Commission, supra; McAllister v. Board of Education, 79 N.J.Super. 249, 191 A.2d 212 (1963), Aff'd, 42 N.J. 56, 198 A.2d 765 (1964); and Rogala v. John Deere Plow Co., Having construed the current version of G.S. 97-53(13) as applying to all cases in which ......