Worthington v. Plainfield Bd. Of Educ..

• Decision Date: 22 November 1944
• Docket Number: No. 77637.,77637.
• Citation: 40 A.2d 9
• Parties: WORTHINGTON v. PLAINFIELD BOARD OF EDUCATION.
• Court: New Jersey Department of Labor-Workmen's Compensation Bureau

40 A.2d 9

WORTHINGTON

v.PLAINFIELD BOARD OF EDUCATION.

No. 77637.

New Jersey Department of Labor-Workmen's Compensation Bureau.

Nov. 22, 1944.

Proceeding under the Workmen's Compensation Act, N.J.S.A. 34:15-1 et seq., by Isabel S. Worthington, opposed by the Plainfield Board of Education, City of Plainfield.

Award in accordance with opinion.

Edwin J. O'Brien, of Newark (Thomas Brett, of Newark, of counsel), for petitioner.

Cox & Walburg, of Newark (Victor Hansen, of Newark, of counsel), for respondent.

WEGNER, Deputy Commissioner.

A petition was filed in this matter, alleging an injury arising out of and in the course of the employment of petitioner as a school teacher for the Board of Education of the City of Plainfield. Respondent filed an answer specifically denying that the injury arose out of and in the course of the employment of petitioner as a school teacher of the City of Plainfield.

The matter came on before me at Newark, November 3, 1944, at which time counsel for petitioner and respondent presented to me a written stipulation of all of the facts concerning the injury to petitioner. The said stipulation provided as follows:

‘Petitioner in this case was on March 30, 1943, employed as a teacher in the home economics department of the Plainfield school system, earning $3,000. yearly. On that day she was working at Evergreen School, which was in charge of Mr. Davis, principal. In connection with a war loan drive, permission was granted by Mr. Davis for the United States Army to put on a demonstration of the uses of a jeep. The following notice was posted on the school bulletin board announcing the demonstration:

‘March 30, 1943

‘War Savings Song

‘Tune: Farmer in the Dell

‘We'll buy our stamps today,

We'll buy our stamps today,

Heigho-America,

We'll buy our stamps today.

It's Liberty for Aye!

It's Liberty for Aye!

Heigho-America

We'll buy our stamps today.

‘Buy more and more War Stamps. Everyone should do this. It is the object of the Junior Red Cross Council to try to encourage the buying of more stamps. We would like to be able to buy a Jeep with our stamp sales. To do this everyone must buy more stamps.

‘Today a Jeep from Camp Kilmer will be on exhibit on the playground. The schedule for classes is below:

6p-9:30

Kg-9:36

1Z-9:42

1S-9:48

2o-9:54

2K-10:00

3N-10:06

3j-10:12

4f-10:18

4b-10:24

6A-10:30

7R-10:36

7N-10:42

5-10:48

5D-10:54

6H-11:00

6C-11:06

8B-11:12

7G-11:18

‘No Junior Assembly today.

‘In connection with the demonstration, the sergeant in charge of the jeep brought logs and wood and a wooden ramp or obstacle was constructed in the yard of the school. The jeep was to be driven up this ramp, which was built to a height of a foot or more off the ground ending abruptly so that after ascending the ramp the jeep had a drop of a foot or more back to the ground.

‘Petitioner in response to said notice appeared with her class in the school yard at 11:15 A. M. and at the invitation of the driver of the jeep entered it together with another teacher and a number of children. They were driven around the school yard dodging trees and then up the ramp and off the abrupt end of same. The jeep at this time contained petitioner, another teacher and a large number of children, some of the latter being required to stand. While riding over the obstacle petitioner was holding onto a grip on the side of the jeep with her right hand and was helping to steady a child standing in front of her with her left hand. When the jeep dropped off the abrupt end of the obstacle she was bounced from her seat but clung with her right hand to the grip on the side of the jeep and as a result of the strain thus thrown on her right hand and arm she is alleged to have injured her right arm, shoulder and back.

‘It is also stipulated that if Mr. Davis, principal of the school, were called he would state that he was present during part of the demonstration and that he gave no directions either for or against teachers and pupils riding in the jeep. Mr. Davis would also testify that prior to the time he learned that the petitioner rode in the jeep that he had seen some pupils ride in the jeep and then left the demonstration to attend to some other duties.

‘It is also stipulated that if Mr. Hopper were called he would testify that he is the director of the Industrial and Fine Arts Department and the petitioner's superior; that he knew nothing about the demonstration until the petitioner some time in June, 1943, came to him and asked if he could do something about getting her compensation for this accident. He advised her all he could do was to report the matter to Mr. Zimmer, Secretary of the Board of Education, which he did.

‘It is also stipulated that if Mr. Zimmer were called he would testify that he is the Secretary of the Board of Education of Plainfield and on March 9, 1943, the following resolution was adopted by the Board of Education:

‘Resolved, that the work of the employees of the Board of Education relating to any war effort constitutes a part of the voluntary or required school program of the Plainfield School District.

‘It is further agreed that he would also testify that the Board of Education did not sponsor the demonstration and knew nothing about it until he was told by Mr. Hopper on June 13, 1943.’

After due consideration of the above stipulated facts I do find that the injuries sustained by petitioner on March 30, 1943, while she was riding in the jeep, as aforesaid, arose out of and in the course of her employment. The injuries in question occurred on the school property and while petitioner was actually engaged in an activity that was at least sponsored by the Evergreen School at which she was working, if not by a formal approval of the Board of Education itself. It is a fact from the stipulation that there...