Manzo v. LOCAL 76B

575 A.2d 903, 241 N.J. Super. 604
CourtNew Jersey Superior Court Appellate Division
DecidedJune 20, 1990
StatusPublished
Cited by21 cases

This text of 575 A.2d 903 (Manzo v. LOCAL 76B) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manzo v. LOCAL 76B, 575 A.2d 903, 241 N.J. Super. 604 (N.J. Ct. App. 1990).

Opinion

241 N.J. Super. 604 (1990)
575 A.2d 903

MILDRED L. MANZO, PETITIONER-RESPONDENT,
v.
AMALGAMATED INDUSTRIES UNION LOCAL 76B, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Submitted April 9, 1990.
Decided June 20, 1990.

*606 Before Judges PETRELLA, O'BRIEN and STERN.

Carpenter, Bennett & Morrissey, attorneys for appellant (Anthony C. Famulari, of counsel; Joel L. Botwick, on the brief).

Balk & Mandell, attorneys for respondent (Jack Mandell, of counsel and on the brief).

The opinion of the court was delivered by O'BRIEN, J.A.D.

Amalgamated Industrial Union Local 76B (Union) appeals from a judgment of the Workers' Compensation Court finding petitioner entitled to dependency benefits as a result of the death of her husband following an automobile accident on December 26, 1985. We reverse.

At the time of his death, Peter Manzo was president of the Union, having held that position for approximately five years. He was also vice-president of the International Union, a separate entity. On December 26, 1985, Mr. Manzo sustained injuries in an automobile accident. At the time of the accident, Mr. Manzo was driving an automobile, leased by the Union, from his home in Lodi to the union office in New York City. The judge of compensation found that the accident occurred at 6:20 a.m., on I-95 in Teaneck. Although the immediate cause *607 of death was occlusive coronary artery disease, as determined by an autopsy performed by the medical examiner and stated in the death certificate, the medical examiner also found:

With regard to the actual etiology of Mr. Manzo's demise however I believe it is fair to say in terms of medical probability that there is a causal relationship between Mr. Manzo's death and either the multiple traumas which resulted from the accident or the combined effect of those traumas and the trauma of surgery upon him, taking into account his underlying cardiac condition.[1] [Footnote supplied.]

At issue is whether petitioner's claim is barred by the "going and coming" rule. The judge of compensation concluded it was not and the employer appeals. The "going and coming" rule ordinarily precludes an award of compensation benefits for injuries sustained during routine travel to and from an employee's regular place of work. Since the rule had became diluted by a series of exceptions, in 1979 the Legislature included in its extensive amendments to the Workers' Compensation Act, L. 1979, c. 283, a provision defining when employment commences. See Livingstone v. Abraham & Straus, Inc., 111 N.J. 89, 96, 543 A.2d 45 (1988). This legislation reflects the Legislature's disagreement with the judiciary's broad reading of the statutory criteria for coverage. The Legislature drafted the statute to "establish [] relief from the farreaching effect of the `going and coming rule' decisions by defining and limiting the scope of employment." Id. at 100-101, 543 A.2d 45. Thus, N.J.S.A. 34:15-36 was amended to include the following pertinent language:

Employment shall be deemed to commence when an employee arrives at the employer's place of employment to report for work and shall terminate when the employee leaves the employer's place of employment, excluding areas not under the control of the employer; provided, however, when the employee is required by the employer to be away from the employer's place of employment, the employee shall be deemed to be in the course of employment when the employee is engaged in the direct performance of duties assigned or directed by *608 the employer; but the employment of employee paid travel time by an employer for time spent traveling to and from a job site or of any employee who utilizes an employer authorized vehicle shall commence and terminate with the time spent traveling to and from a job site or the authorized operation of a vehicle on business authorized by the employer.

In his extensive fact-finding in this case, the judge of compensation found that Manzo's home in Lodi had become a "job site" by virtue of the union business being conducted there.[2] He further concluded that before leaving home on the morning of his death Manzo was performing union business. Therefore, his trip on the morning in question from his home to his office was found by the judge of compensation to have occurred while he was going from one job site to another and thus arose out of and in the course of his employment. Therefore the judge concluded that his death[3] entitled petitioner to dependency benefits.

*609 We recognize our limited scope of review, i.e., when the findings of the judge of compensation could reasonably have been reached on sufficient credible evidence present in the record, considering the proofs as a whole and with due regard to the opportunity of the judge to hear the witnesses and judge their credibility and with due regard to the agency's expertise when such expertise is a pertinent factor, we are bound by those findings. Close v. Kordulak Bros., 44 N.J. 589, 599, 210 A.2d 753 (1965). However, where the focus of the dispute is not on credibility but, rather, alleged error in the trial judge's evaluation of the underlying facts and the implications to be drawn therefrom, our function broadens somewhat. Where our review of the record "leaves us with the definite conviction that the judge went so wide of the mark that a mistake must have been made," we may "appraise the record as if we were deciding the matter at inception and make our own findings and conclusions." Snyder Realty v. BMW of N. Amer., 233 N.J. Super. 65, 69, 558 A.2d 28 (App.Div. 1989).

We fully accept the determination of the judge of compensation that petitioner was an extremely credible witness[4] and that her husband, the decedent, was a dedicated union president who was at all times concerned with the welfare of the Union and its members and cautious as to expenditures made by it. Decedent's office was located in New York City where his secretary and all appropriate office equipment were located. The Union also had an office in East Orange which contained a telephone, furniture for meetings, and a photocopy machine, although it was not staffed. We also accept the findings of fact by the judge of compensation that decedent, as president of the Union, often conducted union business from his home. He used the recreation room for meetings with his *610 associates, and a back room (labeled as the radio room because it also contained his ham radio operation and a computer used for the radio, both unrelated to union activities) for the conduct of union business. His wife testified that all business records were kept there, as well as the phone which was paid for by the Union.[5] It was conceded that the Union did not make any payment to decedent for the use of his home, nor did he claim such use on his income tax return.[6]

The Union has approximately 4,000 members and approximately 100 shops located in New Jersey, New York and Connecticut. There were four business agents. As president, decedent was in charge of the Union and did not report to any superior. The judge of compensation found that decedent was in fact the Union, and thus his decisions were those of the Union, particularly the decision to utilize his home for union business.

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Cite This Page — Counsel Stack

Bluebook (online)
575 A.2d 903, 241 N.J. Super. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manzo-v-local-76b-njsuperctappdiv-1990.