Mitchell v. Taylor

• Decision Date: 26 April 1940
• Parties: MITCHELL v. TAYLOR et al.
• Court: New Jersey Supreme Court

12 A.2d 851

18 N.J.Misc. 255

MITCHELL

v. TAYLOR et al.

New Jersey Department of Labor— Workmen's Compensation Bureau.

April 26, 1940.

Proceeding under the Workmen's Compensation Act by Arthur Mitchell, employee, opposed by Maxwell J. Taylor and others, trading as M. J. Taylor Company, employer, wherein the New Amsterdam Insurance Company was joined as a party defendant on motion by the attorney for the employer. On determination of facts and rule for judgment.

Finding for employee.

Perry E. Belfatto, of Newark, for petitioner.

Herman M. Wilson, of Newark, for respondent.

William A. Davenport, of Newark, for New Amsterdam Casualty Co.

JOHN C. WEGNER, Deputy Commissioner.

In the case sub judice, while the question of coverage has been raised as well as the question of policy cancellation, the primary question to be determined is whether or not petitioner is suffering from lead poison as alleged and the extent of disability resulting therefrom.

I will consider that question first.

The petitioner testified that he was in employ of respondent, a painter and decorator. That his duties were that of a painter both brush and sprayer; that about three or four months prior to August 20, 1938, he began to have pains in his stomach. He gradually felt worse and about two months prior to that date he became ill, gradually becoming worse until August 20th, he was compelled to cease work. Prior to his employment with the respondent, he was in good health. His complaints which gradually came on prior to his cessation of employment, were vomiting, inability to eat, headaches, weakness of upper and lower extremeties, constipation, nervousness and a bad taste in mouth.

Dr. McCartie, who treated petitioner from October 1, 1938, to January 5, 1939, diagnosed condition as chronic lead poison. Complaints received by him were similar to those testified by the petitioner. Blood and urine tests made by the doctor substantiated his diagnosis. There was lead in the urine and a positive blue line.

Dr. Blumberg, who examined petitioner on January 9th, 1940 found various neurological findings which he ascribed to lead exposure and estimated the disability as twelve and one-half per cent. of total. Dr. Russomanno examined petitioner on October 18, 1939, and received history as testified to by petitioner as well as complaints and diagnosed condition as lead poison.

He rendered a series of treatments which in his opinion were beneficial to petitioner. He estimated permanent disability as fifteen per cent. of total. He further testified that on his first examination, petitioner's disability was from twenty-five per cent. to thirty-five per cent. of total.

Dr. Albano, who made a blood and urine analysis October 26, 1939, found traces of lead in the urine but blood picture was negative.

Record of Newark City Hospital introduced by respondent reflect fact of petitioner being admitted March 2, 1939. His condition was diagnosed as chronic lead poison for which he was treated. He was discharged on March 10, 1939.

A lead and feces analysis made March 9, 1939, disclose no lead.

Dr. Emmer examined petitioner on October 1, 1938, for respondent...