Padula v. Royal Plating & Polishing Co.
| Decision Date | 27 June 1951 |
| Citation | 14 N.J.Super. 603,82 A.2d 225 |
| Parties | PADULA v. ROYAL PLATING & POLISHING CO. |
| Court | New Jersey County Court |
Herman M. Wilson, Newark, attorney for the petitioner-appellant.
Toner, Speakman & Crowley, Newark, (Robert A. Vanderbilt, Newark, appearing), attorneys for the respondent-appellee.
CONLON, J.C.C.
The petitioner was denied compensation and appeals. The material facts are not essentially in dispute, the issue being whether or not the petitioner sustained his injury out of and in the course of his employment.
The evidence warrants the following finding of facts: Petitioner was employed by the respondent as a plater in June 1947. On July 28, 1949, in the evening, he was injured while playing a game of softball on a team made up of employees of the respondent. The members of the team wore uniforms which bore the name of the respondent and which had been paid for by it. The game was being played under the auspices of the Newark Board of Education in the Factory Industrial League at the Newark City School Stadium. The respondent had paid an initiation fee of $16 for the team's admission into the league. The employees were not paid to play and played on their own time. At the time of the accident in question petitioner was working on the day shift, and there was no evidence that any other members of the team were on the night shift. Petitioner claimed that during the previous summer he was on the night shift and that he had been allowed to leave work to play games without 'punching out' and consequently he had received his wages while playing. With the exception of one occasion this pay-while-playing arrangement was emphatically denied by his superior, and his employment records during the summer of 1947 showed his attendance to have been so irregular as to provide no corroboration of his contention. The deputy director found against him on that issue and the record discloses no reason for reversing that finding.
The petitioner contends that the above facts bring his claim within the category of those cases which provide that injuries are compensable when sustained as an incident to recreational facilities furnished by the employer for the mutual benefit of itself and its employees. Kelly v. Hackensack Water Co., 10 N.J.Super 528, 77 A.2d 467 (App.Div.1950); Popovich v. Atlantic Products Corp., 125 N.J.L. 533, 17 A.2d 492 (Sup.Ct.1941). A reading of those cases discloses, however, that the recreational facilities have been furnished either at its own expense, or enjoyed on the employer's time, or on its premises, or under its supervision and direction.
The petitioner also urges that the views expressed by Judge Jacobs in Saintsing v. Steinbach Company, 1 N.J.Super 259, 64 A.2d 99 (App.Div.1949) extends the rule to cover the situation here presented. In that case the employee was deemed compensable for harmful effects of a vaccination to which he submitted at the instance of the employer.
If the facts in the instant case were one of novel impression they might well lead to...
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Complitano v. Steel & Alloy Tank Co.
...by the employer. See Konrad v. Anheuser-Busch, Inc., 48 N.J.Super. 386, 137 A.2d 633 (Cty.Ct.1958); Padula v. Royal Plating & Polishing Co., 14 N.J.Super. 603, 82 A.2d 225 (Cty.Ct.1951); Hydro-Line Mfg. Co. v. Industrial Commission, 15 Ill.2d 156, 154 N.E.2d 234 (Sup.Ct.1958); Wilson v. Gen......
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Tocci v. Tessler & Weiss, Inc.
...by the employer. See Konrad v. Anheuser-Busch, Inc., 48 N.J.Super. 386, 137 A.2d 633 (Cty.Ct. 1958); Padula v. Royal Plating & Polishing Co., 14 N.J.Super. 603, 82 A.2d 225 (Cty.Ct.1951); Hydro-Line Mfg. Co. v. Industrial Commission, 15 Ill.2d 156, 154 N.E.2d (Sup.Ct.1958); Wilson v. Genera......
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Cotton v. Worthington Corp.
...469 (Sup.Ct.1948); Konrad v. Anheuser-Busch, Inc., 48 N.J.Super. 386, 137 A.2d 633 (Cty.Ct.1958); Padula v. Royal Plating & Polishing Co., 14 N.J.Super. 603, 82 A.2d 225 (Cty.Ct.1951). In Complitano the employee was injured in a softball game while playing on a team composed of co-employees......
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Konrad v. Anheuser-Busch, Inc.
...seems to me, therefore, that the facts in this case are not materially distinguishable from those in Padula v. Royal Plating & Polishing Co., 14 N.J.Super. 603, 82 A.2d 225 (Cty.Ct.1951). In his conclusions the deputy makes no reference to any distinction between the facts in this case and ......