Molnar v. Am. Smelting & Ref. Co.
| Decision Date | 29 January 1942 |
| Docket Number | No. 20.,20. |
| Citation | 128 N.J.L. 11,24 A.2d 392 |
| Parties | MOLNAR v. AMERICAN SMELTING & REFINING CO. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
An accidental strain of the heart, even though it was previously weakened by disease, may be a compensable injury under our statute, where the accident arose out of and in the course of the employment.
Appeal from Supreme Court.
Proceeding by Helen Molnar to recover compensation under the Workmen's Compensation Act for the death of an employee, opposed by the American Smelting and Refining Company, employer. From a judgment of the Supreme Court, 127 N.J.L. 118, 21 A.2d 213, modifying and affirming as modified a judgment of the Court of Common Pleas reversing an award of the Workmen's Compensation Bureau dismissing the claim, the employer appeals.
Affirmed.
Francis M. Seaman, of Perth Amboy, for appellant.
David I. Stepacoff, of Perth Amboy, for appellee.
Leo Yanoff, of Newark, for Baker's Mut. Ins. Co., Amicus Curiae.
The facts in this case fully appear in the opinion of the Supreme Court reported in 127 N.J.L. 118, 21 A.2d 213. A wealth of competent proof supports its conclusion, so that its judgment could not not be disturbed here. Cirillo v. United Engineers and Constructors, Inc., 121 N. J.L. 511, 3 A.2d 596.
The proofs do show that the workman employed by the appellant died of an injury to his heart caused by an accident arising out of and in the course of his employment. There was an extra heavy strain placed upon the man in the work he was doing shortly before he collapsed. It appears that the deceased workman was engaged in a night shift at the appellant's plant. He was required, among other duties, to push a heavy iron pot, weighing about 850 pounds, mounted on two wheels and containing skimmings from the metal being treated in the furnace from a place near the hearth to a point where it could be dumped. While pushing the pot, one of the wheels stuck in a ditch or crack at a point where an iron floor nearly met a cement floor. The extrication of the wheel required the deceased to make an unusual effort, which resulted in damage to his heart from which he presently died.
The Supreme Court did not rely upon testimony to that effect because the credit thereof was challenged. We think the testimony supports such a finding, and that the exertion which caused the strain upon the heart was a necessary part of the proofs. The degree of exertion is of no consequence, so long as the performance of the required work caused a strain upon the heart.
The benefits of the Act are not limited to those who...
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