Neylon v. Ford Motor Co.
Decision Date | 11 February 1952 |
Docket Number | No. A--65,A--65 |
Citation | 86 A.2d 577,8 N.J. 586 |
Parties | NEYLON v. FORD MOTOR CO. |
Court | New Jersey Supreme Court |
Sam Weiss, Perth Amboy, argued the cause for respondent (Lewis S. Jacobson, Perth Amboy, attorney).
Verling C. Enteman, Newark, argued the cause for appellant (Stuart A. Young, Jr. Newark, on the brief; McCarter, English & Studer, Newark, attorneys).
The opinion of the court was delivered by
The question is whether, in this compensation case, there is evidence to support a finding that the workman sustained an accident arising out of and in the course of his employment. He was employed by respondent as a utility man or car loader. In the course of his regular duties, at about noon, he was unloading car seat frames, each weighing about 10 or 15 pounds, from a freight car. He was standing on a pile of frames in the car and was pulling the frames off one at a time and handing them down, in like order, to a fellow worker who was on the floor of the car. As he pulled a frame from the pile he felt a pain in his back. He was doing the same type of work he had been doing for six or seven months prior thereto, and in the same way. The only unusual incident on this occasion was that he experienced the pain. Immediately following the occurrence he went to the first aid dispensary and said, 'I don't see how I could have hurt my back because these frames are not heavy'; and at the hearing on his petition for compensation he testified:
Claim was filed for a sacroiliac sprain, and compensation was allowed. On successive appeals the Middlesex County Court, Law Division, and the Superior Court, Appellate Division, affirmed. The case comes before us on our certification, granted on the workman's petition.
From the inception of the workmen's compensation statute, by the wording of the law and by the construction given by our courts, liability for injury was grounded in Accident. The classic definition of the essential incidents to recovery were: Bryant, Adm'x v. Fissell, 84 N.J.L. 72, 86 A. 458, 459 (Sup.Ct. 1913). The Criteria of an accident have varied, but it has remained of the essence that there should be an accident.
The workman's contention is, in substance, that except in heart cases an injury imputes accident. The contention reduces to an exception a requirement which the statute makes general. The language of the statute is: 'Compensation for personal injuries * * * by accident arising out of and in the course of * * * employment.' N.J.S.A. 34:15--7. The suggested construction would, obviously, strike out the effect of the words 'by accident,' whereas it is a cardinal rule of statutory construction that statutes are to be so construed that, if possible, full force and effect shall be given to every sentence, clause and word thereof. Bogert v. Hackensack Water Co., 101 N.J.L. 518, 129 A. 138 (E. & A. 1925).
The incident of an unusual strain producing injury or death either directly or by being superimposed upon an ailing bodily condition has from the early days of the statute been recognized as an accident in the statutory sense. This is true not only of heart cases but of cases involving other bodily organs and parts, as: pressure on parts weakened by cancer, Voorhees v. Smith Schoonmaker Co., 86 N.J.L. 500, 92 A. 280 (Sup.Ct. 1914); affecting a weakened heart, Winter v. Atkinson-Frizelle Co., 88 N.J.L. 401, 96 A. 360 (E. & A. 1915); aggravating a duodenal ulcer, Holzwarth v. Hedden, etc., Co., 1 N.J.Misc. 381 ( ); an extraordinary strain activating tuberculosis, Graves v. Burns, Lane & Richardson, 160 A. 399, 10 N.J.Misc. 667 ( ), affirmed on the opinion below, 110 N.J.L. 607, 166 A. 166 (E. & A. 1933); a severe or twisting sprain aggravating a spinal condition, George T. Newell, Jr., Inc. v. Workmen's Compensation Bureau, 159 A. 316, 10 N.J.Misc. 405 ( ), affirmed on the opinion below, 110 N.J.L. 25, 163 A. 891 (E. & A. 1933); unusual physical exertion dilating the heart, Fire Commissioners, etc., v. Morris, 170 A. 221, 12 N.J.Misc. 153 ( ); prolonged exertion in pulling out great weeds and bushes, lighting up an old arthritic condition, Van Meter v. E. R. Morehouse, Inc., 179 A. 678, 13 N.J.Misc. 558 ( ); a sprain 'because of some unusual effort' aggravating a prior sprain, Marotta v. Fabi, 180 A. 545, 13 N.J.Misc. 690 ( ); 'work of an unusual character' and from it 'an unusual exertion' aggravating a heart condition and so causing death, Bernstein Furniture Co. v. Kelly, 114 N.J.L. 500, 177 A. 554, 555, (Sup.Ct. 1935), affirmed 115 N.J.L. 500, 180 A. 832 (E. & A. 1935); 'if extraordinary strain * * * was the causative agent of the strangulation (hernia), the fatality was the consequence of an accidental injury', Furferi v. Pennsylvania Railroad Co., 117 N.J.L. 508, 189 A. 126, 129, (E. & A. 1937); lifting 'a heavy weight', causing tubercular hemorrhage, held, following Bernstein v. Kelly, supra, an accident, Rekoon v. General Lead Batteries Co., 119 N.J.L. 296, 196 A. 676 (Sup.Ct. 1938); 'unusual exertion' imposed on pre-existing heart condition, causing death, Schneider v. F. & C. Haerter, 119 N.J.L. 548, 197 A. 281 (Sup.Ct. 1938); 'unusual effort' aggravating pre-existing heart condition, causing death, Rother v. Merchants Refrigerating Co., 122 N.J.L. 347, 6 A.2d 404 (Sup.Ct. 1939). Our cases for nearly 30 years based recovery upon the extraordinary causation. The requirement was implicit.
In Hentz v. Janssen Dairy Corporation, 121 N.J.L. 160, 1 A.2d 751 (1938), the Supreme Court held, factually, that the employee was the driver of a milk truck making retail deliveries at the houses of customers, that his regular duties were exacting and laborious and that although the road was icy and the slope of it steep there was nothing unusual about the work or about the conditions on the day when he was stricken with coronary thrombosis. Consistently with what we conceive to have been the holdings of our cases, the court decided that on those facts the happening was not an accident within the application of the Workmen's Compensation Act. On appeal the Court of Errors and Appeals, 122 N.J.L. 494, 6 A.2d 409 (1939), determined that the employment from which the strain resulted was 'unusually hard on (that) day,' expressed inability to distinguish the case from Voorhees v. Smith Schoonmaker Co., Graves v. Burns, and other cases cited supra, and reversed. Taking the facts as resolved by the Court of Errors and Appeals, namely, that the conditions on the occasion of the heart attack were unusual, there was no distinction to be made from the earlier decisions and the reversal was consistent with them. On that basis there was no occasion for a new pronouncement of law; but the opinion, in making the point, not relevant in the instant case, that if there be an accident the superimposing of that accident upon a weakened organ does not defeat recovery, incorporated the following quotation from Lord Loreburn's statement in Clover, Clayton & Co. v. Hughes, 3 B.W.C.C. 284: That statement did not go to the question of what constitutes an unusual effort or an unusual condition and it did not bear upon the effect of an occupational accident upon a body impaired by disease, the matters with which the Hentz opinion was concerned. We discover no original expression in the Hentz opinion incorporating Lord Loreburn's view, but if the trend of the opinion is to be considered as supporting the doctrine then the opinion, to that extent, is Dictum.
Concurrently with the handing down of the Hentz opinion, the Court of Errors and Appeals also decided the case of Bollinger v. Wagaraw Building Supply Co., 122 N.J.L. 512, 6 A.2d 396, 401 (1939), wherein it said that 'We think that the requirement that the injury or death arise by accident, under our statute, is satisfied if the claimant discharges the burden of proving that the condition complained of, I.e., the injury or death, is related to or affected by the employment, that is to say, if but for the employment it would not have occurred.' Although the opinion propounded that view, it clearly held that an injury had occurred at a fixed time, that there was 'an unexpected occurrence,' consisting of 'the impinging of the sand' on a mole on the workman's foot, 'resulting in injury' on the named day, that the impinging of the sand on the mole was the producing cause of cancer, that the irritation so started caused the melanomic change. Thus the opinion marshalled its facts to constitute an unlooked-for mishap or untoward event not expected or designed--an accident within the definition of Bryant v. Fissell, supra. We consider that the quoted paragraph was unnecessary to the decision. Nevertheless it became a lever upon which...
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