14 N.J. Misc. 553 | Pennsylvania Court of Common Pleas | 1936
This is an appeal from a finding and determination in favor of the respondent-appellee, had before the workmen’s compensation bureau. The cause before the bureau was on a petition for a finding of increased disability. There are not any of the ordinary questions which frequently arise in cases of this character. It is admitted that the accident which petitioner-appellant suffered originally arose out of and in the course of his employment and that at the hearing an award was made of seven and one-half per cent, of total permanent disability. The only question before the referee at the time of the hearing on February 28th, 1935, was whether or not there had been any increase in disability since January 26th, 1934. There was offered on the whole question, the testimony of the petitioner himself, the testimony of Dr. Ralph H. Sulsberg and the testimony of Dr. James H. Trainor. The testimony of these three witnesses constituted the petitioner’s case. There was offered on the respondent’s behalf, the testimony of Dr. Roy II. Fowler. The oral testimony of these several witnesses constitutes the whole field of proof. It is significant to me to observe that
It is conceivable, if not likely, that the referee in arriving at his conclusion, chose to adopt the medical viewpoint of Dr. Fowler, who had attended the petitioner at the beginning and he had, of course, such prerogative as a trier of the facts. Unless the judgment or verdict of an inferior tribunal is the product of passion, partialitjr, prejudice or mistake, it should not be set aside and will not be by this tribunal. See Boesch v. Kick, 97 N. J. L. 92; 116 Atl. Rep. 796, and Salgado v. Central Dye Stuff and Chemical Co., 2 N. J. Mis. R. 1039.
The finding and determination of the referee is affirmed. Submit determination in accordance with these views, and in accordance with the rules of this court.