Hughes v. State Highway Department

Supreme Court of New Jersey

Hughes v. State Highway Department

27 A.2d 13, 128 N.J.L. 480, 1942 N.J. Sup. Ct. LEXIS 105

DecidedJuly 9, 1942

StatusPublished

This text of 27 A.2d 13 (Hughes v. State Highway Department) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hughes v. State Highway Department, 27 A.2d 13, 128 N.J.L. 480, 1942 N.J. Sup. Ct. LEXIS 105 (N.J. 1942).

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Opinion

Per Curiam.

This is an application for a writ of certiorari to review a judgment of the Middlesex Court of Common Pleas, affirming an award of compensation by the Workmen’s Compensation Bureau. A number of reasons are urged in support of the application, only one of which we need consider. According to the determination of facts, there was before the Bureau a stipulation that petitioner had received “25% partial permanent, or 125 weeks plus 10 teeth, or a total of $2,199.45.” The Deputy Commissioner made an award “that judgment final be and the same is hereby entered in favor of the petitioner and against the respondent for 40% partial permanent or 200 weeks, at $13.33 a week, less 25% or 125 weeks heretofore paid, leaving a balance of 75 weeks still due and owing, which, at $13.33 a week, amounts to $995.75.” If the award of 25% is all that the stipulation contemplated as payment for partial permanent disability, then the Bureau’s finding that there was $995.75 due and unpaid is correct, but obviously the total paid for partial permanent was $2,199.45, which is more than the 125 weeks represented by 25%.

It is clear that there are questions calling for determination and therefore a writ of certiorari will be allowed.

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Per Curiam.

This is an application for a writ of certiorari to review a judgment of the Middlesex Court of Common Pleas, affirming an award of compensation by the Workmen’s Compensation Bureau. A number of reasons are urged in support of the application, only one of which we need consider. According to the determination of facts, there was before the Bureau a stipulation that petitioner had received “25% partial permanent, or 125 weeks plus 10 teeth, or a total of $2,199.45.” The Deputy Commissioner made an award “that judgment final be and the same is hereby entered in favor of the petitioner and against the respondent for 40% partial permanent or 200 weeks, at $13.33 a week, less 25% or 125 weeks heretofore paid, leaving a balance of 75 weeks still due and owing, which, at $13.33 a week, amounts to $995.75.” If the award of 25% is all that the stipulation contemplated as payment for partial permanent disability, then the Bureau’s finding that there was $995.75 due and unpaid is correct, but obviously the total paid for partial permanent was $2,199.45, which is more than the 125 weeks represented by 25%.

It is clear that there are questions calling for determination and therefore a writ of certiorari will be allowed.

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Bluebook (online)

27 A.2d 13, 128 N.J.L. 480, 1942 N.J. Sup. Ct. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-highway-department-nj-1942.