de Zeng Standard Co. v. Pressey
| Decision Date | 06 November 1914 |
| Citation | 86 N.J.L. 469,92 A. 278 |
| Parties | DE ZENG STANDARD CO. v. PRESSEY. |
| Court | New Jersey Supreme Court |
Certiorari to Court of Common Pleas, Camden County.
Employer's liability action by Sheridan Pressey against the De Zeng Standard Company. There was a judgment for plaintiff, and defendant brings certiorari. Affirmed.
Argued June term, 1914, before SWAYZE, PARKER, and KALISCH, JJ.
James & Malcolm G. Buchanan, of Trenton, for prosecutor.
Bergen & Richman, of Camden, for defendant.
This case arises under the Workmen's Compensation Act of 1911 (P. L. p. 134), and the principal question argued is whether the petitioner should receive an award for the permanent impairment of the function of his right arm, when it is shown that he has been earning the same pay as he earned before the accident.
The petitioner as a carpenter in the employ of the prosecutor earned $20 a week. He sustained an accident arising out of and in the course of his employment which caused a fracture of the bone of the forearm known as the "radius" at or near the elbow, and which is admitted to have caused the permanent loss of 30 per cent. of the use of his arm. After two weeks he went back to work under the same employer, at the same wages, and after a time entered the employ of his son at the same wages. Later on when work became slack he worked independently, receiving the same pay for the time he was actually employed.
In this proceeding the court awarded him 30 per cent. of $10 for the period of 200 weeks, under the provision of the act:
"Where the usefulness of a member or any physical function is permanently impaired, the compensation shall bear such relation to the amount stated in the schedule as the disabilities bear to those produced by the injuries claimed in the schedule."
The 30 per cent., however, was awarded upon the number of weeks as a base, and consequently the award was the sum of $10 per week for a period of 60 weeks. This is not the method sanctioned In James A. Banister Co. v. Kriger, 84 N. J. Law, 30, 85 Atl. 1027, where this court sustained an award for the full period with relation to the percentage of the weekly wage on application of the minimum clause.
Applying that rule to the present case, the award would have been for 200 weeks at a minimum of $5 per week; but the petitioner does not question the form of the award, and plainly the prosecutor is not injured by it.
The prosecutor's principal claim is that there cannot be a statutory "...
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...of earning power, as expressed in such cases as Burbage v. Lee, 87 N.J.L. 36, 93 A. 859 (Sup.Ct.1915), and De Zeng Standard Co. v. Pressey, 86 N.J.L. 469, 92 A. 278 (Sup.Ct.1914), affirmed 88 N.J.L. 382, 96 A. 1102 (E. & A.1915). Rather it was that because the development of occupational di......
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...to be in lieu of workers' compensation. 2 A. Larson, The Law of Workmen's Compensation § 57.42 (1983); cf. De Zeng Standard Co. v. Pressey, 86 N.J.L. 469, 471, 92 A. 278 (Sup.Ct.1914), aff'd o.b., 88 N.J.L. 382, 96 A. 1102 (E. & A.1915) (when employee continued to work at full salary, emplo......
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