Simone v. Atl. Comm'n Co.
| Citation | 41 A.2d 893 |
| Decision Date | 15 March 1945 |
| Docket Number | No. 76136.,76136. |
| Parties | SIMONE v. ATLANTIC COMMISSION CO. |
| Court | New Jersey Department of Labor-Workmen's Compensation Bureau |
OPINION TEXT STARTS HERE
Proceeding under the Workmen's Compensation Act by Alfred Simone, employee, opposed by Atlantic Commission Company, employer, for compensation. On respondent's motion for a nonsuit.
Motion granted.
Harold Krieger, of Jersey City, for petitioner.
Edwards, Smith & Dawson, by George Echelman, all of Jersey City, for respondent.
CHARLES E. CORBIN, Deputy Commissioner.
The case was partially tried on January 15, 1945, and at that time continued to February 5, 1945, at which time the remainder of petitioner's case was presented and at the conclusion of the petitioner's case, the respondent's motion for ruling as a matter of law was made, considered and passed on by the Court.
The substance of the pertinent portion of petitioner's testimony was that he was in the respondent's employ on July 18, 1939 or 1940 and while so employed handling tomatoes he felt a pain in his left biceps muscle of which he informed his foreman the following day and following which he was treated by Dr. Anthony J. Watman on a number of occasions. Thereafter he was examined by Dr. H. V. Spaulding on September 5, 1940. It appears that nothing further was done in the matter and no petition for compensation was filed until October 9, 1943, which petition requests compensation by reason of the alleged 1939 accident.
Petitioner testified as is herein summarized and as to his present complaints; also that on June 1, 1943, he was sent by the respondent's compensation insurance carrier to Dr. Spaulding. On behalf of the petitioner it is contended he was sent to Dr. Spaulding and Dr. Spaulding in fact treated petitioner while on behalf of the respondent it is contended that petitioner was sent to Dr. Spaulding only for the purpose of examination. The respondent's compensation carrier did pay Dr. Spaulding for the June, 1943, visit and made that payment on June 10, 1943.
On behalf of petitioner, medical evidence was presented by Dr. Joseph Koppel, the substance of which was that petitioner has a permanent disability of from 20% to 25% of the arm as the result of the alleged accident.
At the conclusion of petitioner's case, the respondent, in the form of a motion for non-suit, through its counsel made a motion for a ruling as a matter of law that petitioner had failed to establish a prima facie case within the jurisdiction of the Workmen's...
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