Document a1QKq26dG2d3vRjZqQJ0263ba

FILE NAME: National Gypsum (NG) DATE: 1966 DOC#: NG037 DOCUMENT DESCRIPTION: Worker's Compensation Case Judgment (lPETER PAUL ARMENTI,D Petitioner vs. NATIONAL GYPSUM CO.. INC.. Respondent. .............................................................x NEW JERSEY C EP LABOR AND INDUSTRY D ivision of W orkmen's Compensation MORRIS COUNTY DISTRICT CLAIM PETITION C-8103 IN TIIE MATTER OF THE JUDGMENT AND ADVISORY APPLICATION OF PETER PAUL ARMENTI FOR BENEFITS FROM REPORT As to eligibility- for benefits fr One Percent Fund. THE ONE PER CENT FUND - -- - - - - - - - - - - - - -x APPEARANCES: FRANK J . O'BRIEN. Esquire. Attorney for Petitioner. John W. Devlin. Esquire, appearing; JAMES J . CARROLL. E quire. Attorney for Respondent. Eugene C. Galvin. Eaquire. appearing; GRACE J . FORD, Esquire, A ssistant Deputy Attorney . General, representing Commissioner Raymond F. Male, trustee of the One P er Cent Fund. STATEMENT OF AWARD ASSESSED AGAINST RESPONDENT: 10? of partial total on the basis of 450>week schedule, 45 weeks at S30. 00 amounting to Less S7U. 00 previously erroneously paid $ L 380. UO 70. 00 $ 1, 230. 00 ( Du* and The respondent is to reim burse the petitioner $100. U0 upon presentation of a receipted bill for his confinement in the Morristown Hospital in 1802 S 100. 00 < The respondeat is farther to reimburse the petitioner for say m edication paid for by him in connection with h is pulmonary condition upon presentation o f receipted bills. Dr. Max Singer for his examination and appearance Frank J. O'Brien. Esquire, petitioner's attorney, counsel fee Stenographic fees ASSESSED AGAINST THE PETITIONER: Dr. Saul Lieb, 804 Clinton Avenue, Newark, for two examinations and reports Dr. Max Singer tor examination and report Frank J. O'Brien. Esquire, Attorney for petitioner, counsel fee S 40.00 8 ISO. 00 $ 12.50 $ 70.00 $ 40.00 Counsel fee waived The petitioner, P eter PaulArmenti, Sr. , filed a Claim Petition Number C-B103 alleging therein that he "was in the employ of the respondent on 9/5/1926 to 6/1956 during which period he was exposed to dust, including asbestos dust, causing petitioner to contract asbestosis of botn lungs. " The m atter came on for hearing before tne Honorable Horace Prioletta, Deputy Director (now Judge of Compensation), and he adjudicated the matter in favor of the petitioner and entered a judgment ontJanuary 27^) J 959^ which, inter alia, contained the following determination: "The permanent disability resulting from the accident is pulmonary asbestosis in nature, and the extent thereof I find and determine to be Gg 2/3% af partial total. " (Exhibit P-1 in evidence. ) The judgment was fully paid, and the last payment thereon wag made on July 11, 1963. The pulmonary condition from which the petitioner nas been suffering progressed after the entry of the judgment, and the peti tioner filed an Application for Review or Modification of Formal Award on August 22, 1963. On June 1, 1965, the petitioner filed a verified petition with the Honorable Raymond F. Male, Director (Commissioner) of the Department oi LAbor and Industry of the State of New Jersey, in accordance with the pro vision? of ft. J. A. 3-:lb -94 et eeq. On March 21, I960 both the Application (or Review o r Joenac tion of the Form al Award and the Application for benefit under the One PCent Fund a heretofore aet forth came on for hearing before me at 3 Schuyler Flace, Morristown. New Jersey. I am satisfied from the evidence presented that the compensab: pulmonary condition has worsened and therefore the pulmonary disability increased but not to the extent where this condition alone is responsible for his total and perm anent disability. The increased disability, in nay opin.br justifies a modification of the Form al Award previously entered to the exte of an increase of 10 p er cent of his total and permanent disability. Since the evidence supports the finding that the petitioner is no totally and permanently disabled and unemployable as s result of the combm effects of both the pre-existing cardiovascular condition in conbination with the compensable pulmonary condition, the conclusion seems inescapable unc the circum stances presented that the respondent should be charged only with the pulmonary disability resulting from his exposure in the employment. I also find and determine that the petitioner has succeeded In bringing him self within the class of totally and permanently disabled persons "as a resu lt of experiencing a subsequent permanent injury under conditions entitling, such persons to compensation therefor, when suen persons had previously been permanently and partially disabled from some other cause" as contemplated by Revised Statutes 1937 34:15-94 and 34:15-95. together with all subsequent amendments and supplements thereto. 1 also find a s a fact that the statutory mandate has been complied with. N. J .S .A . 34:15->95-l. in that the Verified Petition was filed in duplicate with theCommissioner of Labor and Industry and that the petitioner has established, by a preponderance of the evidence, his eligibility for the One P e r Cent Fund benefits as provided by law providing, however, that p rio r to commencement of payment from the One Per Cent Fund and there after. the petitioner shall submit him self to sucu further examinations and interviews as may be required to establish his continued total and permanent disability. P etitio n er's eligibility shall not entitle him to payments under the One P e r Cent Fund until the award entered in this proceeding against the National Gypsum Co.. Inc., has been paid and, in any event, not before June 1, 1965, the date petitioner filed his application for One P er Cent Fund bene fits as hereinabove set forth. It is also recommended that payments continue after the 450-week period aforementioned expires in accordance with N. J.S.A . 34:15- 12(b). subject to such reconsiderations and extensions as tne case may require and subject to the provisions of the Workmen's Compensation Act of New Jersey.  <8* A . '4 ' ;; x Also ord er tin t upon request of the petitioner, the respondent r furnish such treatm ent ss msjr be required for his compensable pulmonary ' condition. At the conclusion of the trial, 1 made certain observations and finding* which were recorded and which are made a part hereof as if set forth fully herein. Pursuant to such findings, Judgment is entered in accordance with the above STATEMENT OF AWARD. Pursuant to the provisions of R.S. 34:15- 64, as amended, it is directed that amounts to be deducted for the petitioner's expenses are to be paid to the persons entitled to the same, the remainder to be paid directly to the petitioner. Dated: April 1S66. ^ / . g ----- 7 / Samuel S. F e rste r / Judge of Compensation ..X APPLICATIONy L>* JIFICATION ifO R m a i a w . \ w f`L[0 A U -STATE #FMCC S U '*VSC0 '.02 H IGH ST., N M U J U 2. << i. : f`. f- STATE OP NE# JERSEY.................. . DEPARTMENT OF LABOR AND INDUSTRY . F DIVISION OF. WORKMEN'S. COMPENSATION. !-. D i s t r i c t ________ . \ .7 . . , ;!V,,-2 -Irro M . b t ocrH u v /TSITStT: \ T -.r -a-^PiMCiSCJ- R O R ^ V IE W ^ 0 R ,M Q ^ ^ ? jO N b ^ o ? ^ W ^ .o a i> i-. . i 039026 Peter Paul Armenti, vs. N ational Gypsvm C o., Petitioner In c., Respondent - S e liT iP gur.ed------------------------------- (Insurance Company) Frank J . 0*Brian_________________ (Attorney for Applicant) .1013. Park A v t ,.: f a a ln f ig ld , N. J (Address) TO THE DIVISION OF WORKMEN'S COMPENSATION: Peter Paul Armenti (petitionerj (Name) hereby makes a p p lic a tio n -to' the D ivision: o f the Order entered- January 27 j 1759; (Date) in Claim Petition No.C-8103 Workfeen'Jsl CompanSratiorv to review , .- . ' j C ': * by Judge o f Workmen'a Compensation Horace P r io le tta alleges that the disability of P eter Paul A m ent 1 (Name of Injured) .(State manner In which disability has terminated or manner and extent it has increased or diminished) as follows: p e titio n e r la c c a p la ta ly and t o t a l l y disabled and i s unabla to work, 'S* a * *j 1 and in support thereof tfiV following facts are conditionibA s warsenmii-'b^ is t o t a lly diaabled. stated: p e titio n e r 's : S \ 1 . -J . illLor: - i * : t.. * -; . ` i :o'l u Si..- ' .' a 1 !\ ' 1 .V ; ' , 1 civ ! 1 lo Date of Indfrry 9/8/26 V & # A / 5 6 *< ___ ...... (Mont^..pay,,an^yearj, . i j . * , .t; f frfr- awa-Wy-hA? ' ; fully paid state date of last payment July 2 6 , 1963___________ (Month, Day and Year) L.^ot, is compensation being pald?_ No___________________C F # T ~ 4 0 r ir3 0