Povoa v. Manuel Viera Construction Co.

Supreme Court of New Jersey

Povoa v. Manuel Viera Construction Co.

57 A.2d 368, 136 N.J.L. 650, 1948 N.J. Sup. Ct. LEXIS 194

CourtSupreme Court of New Jersey

DecidedFebruary 25, 1948

StatusPublished

Cited by1 cases

This text of 57 A.2d 368 (Povoa v. Manuel Viera Construction Co.) 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

Povoa v. Manuel Viera Construction Co., 57 A.2d 368, 136 N.J.L. 650, 1948 N.J. Sup. Ct. LEXIS 194 (N.J. 1948).

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Opinion

The opinion of the court was delivered by

Colie, J.

This is a workmen’s compensation case in which the deputy commissioner dismissed the petition for failure to establish the relationship of master and servant. On appeal the Essex County Court of Common Pleas found that there had been an accident arising out of and in the course of the employment and “ordered, that this cause be remanded to' the New Jersey Department of Labor, Workmen’s Compensation Bureau, for the purpose of having fixed, the temporary and permanent disability to which the petitioner may be found entitled.

“The Workmen’s Compensation Bureau will accordingly fix and determine a proper period of temporary and permanent disability in accordance with the testimony to be taken and return its findings to this court for the entry here of final judgment which shall include petitioner’s costs and counsel fees.”

*651 Patently there is no final judgment but a mere remand. Following the case of Paluk v. United Color and Pigment Co., 134 N. J. L. 601, the writ is dismissed.

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The opinion of the court was delivered by

Colie, J.

This is a workmen’s compensation case in which the deputy commissioner dismissed the petition for failure to establish the relationship of master and servant. On appeal the Essex County Court of Common Pleas found that there had been an accident arising out of and in the course of the employment and “ordered, that this cause be remanded to' the New Jersey Department of Labor, Workmen’s Compensation Bureau, for the purpose of having fixed, the temporary and permanent disability to which the petitioner may be found entitled.

“The Workmen’s Compensation Bureau will accordingly fix and determine a proper period of temporary and permanent disability in accordance with the testimony to be taken and return its findings to this court for the entry here of final judgment which shall include petitioner’s costs and counsel fees.”

*651 Patently there is no final judgment but a mere remand. Following the case of Paluk v. United Color and Pigment Co., 134 N. J. L. 601, the writ is dismissed.

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Bluebook (online)

57 A.2d 368, 136 N.J.L. 650, 1948 N.J. Sup. Ct. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/povoa-v-manuel-viera-construction-co-nj-1948.

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