Randolph v. E. I. Du Pont De Nemours & Co.

• Decision Date: 22 July 1943
• Docket Number: No. 215.,215.
• Citation: 33 A.2d 301,130 N.J.L. 353
• Parties: RANDOLPH v. E. I. DU PONT DE NEMOURS & CO.
• Court: New Jersey Supreme Court

130 N.J.L. 353

33 A.2d 301

RANDOLPH

v.E. I. DU PONT DE NEMOURS & CO.

No. 215.

Supreme Court of New Jersey.

July 22, 1943.

Proceeding under the Workmen's Compensation Act by Jack J. Randolph, Jr., claimant, opposed by the E. I. Du Pont De Nemours Company, employer. To review a judgment of the county court of common pleas affirming a judgment of the Workmen's Compensation Bureau awarding compensation for the loss of an eye, the employer brings certiorari.

Judgment affirmed.

October term, 1942, before DONGES and COLIE, JJ.

Katzenbach, Gildea & Rudner and Louis Rudner, both of Trenton, and Carl E. Geuther, of Philadelphia, Pa., for prosecutor.

Frank S. Farley and Julius Waldman, both of Atlantic City, for defendant.

DONGES, Justice.

This certiorari brings up proceedings in the Salem County Court of Common Pleas affirming a determination and judgment of the Workmen's Compensation Bureau, awarding to petitioner-respondent compensation for 100% loss of the right eye, together with temporary disability benefits from August 13, 1940, to Cotober 28, 1940, and other charges and assessments and counsel fee.

Petitioner-respondent, while employed by the respondent-prosecutor, on June 14, 1940, at its plant at Deepwater, New Jersey, was injured by being hit in the eyes by a stream of aniline, whilst ‘drumming’ aniline. His eyes were injures and he was treated at the plant hospital and then was sent by his employer to Dr. William M. Pierson, an eye specialist, who treated him from June 17, 1940, to August 8, 1940, and from August 16, 1940, to October 28, 1940.

A petition was filed on October 24, 1940, alleging that petitioner had sustained the loss of an eye as a result of an accident occurring on June 14, 1940, and arising out of and in the course of his employment. Respondent admitted the accident of June 14, 1940, and that petitioner had been paid temporary disability benefits from June 14, 1940, to July 8, 1940, and from July 18 to August 8, 1940, but denied that petitioner had suffered any permanent disability from the accident mentioned; and alleged that the petitioner had fallen downstairs at his home on August 13, 1940, when he sustained a traumatic cataract of the right eye from glass piercing the eye.

The facts as to the several happenings are not controverted. That petitioner suffered injury to both eyes on June 14th is not disputed. It is stipulated that on the morning of August 13th, petitioner went to the plant hospital for treatment of his eyes; that he received treatment and the plant physician prescribed dark glasses. The plant hospital record of August 13, 1940, shows the following: ‘9:30 A.M. Patient complains of pain in right eye. Examination discloses an edematous condition of both eyelids. Right eye, c conjunctivitis more pronounced in lower half of right eye ball. Cold compresses and to continue with the prescription given by Dr. Pierson.’

It was testified that petitioner spent the greater part of the day at the plant hospital; that he complained of pain in his right eye; that he applied cold bottles to his eye; and that, for about a week preceding August 13th, his eyes were ‘terribly bloodshot;’ that about 11 o'clock that evening he fell down stairs in his home; that his dark glasses broke and cut his right eye; that he went to a local physician to have treatment, and some glass was removed; that he went to the plant hospital on August 15th and was advised to continue the prescribed treatment, and on August 16th was taken to Dr. Pierson.

The Bureau and Judge Sharp, sitting in the Common Pleas, found as follows: ‘It is my conclusion, from the testimony presented, that the petitioner was in the employ of the respondent on June 14, 1940, at the plant of the respondent at Deepwater, New Jersey; that on that day he sustained an accident arising out of and in the...