Scerbo v. Curtiss Wright Corp.

52 A.2d 770, 135 N.J.L. 443, 1947 N.J. Sup. Ct. LEXIS 114

Opinion

Pee Ctjeiam.

This is the employer’s application for certiorari to review the award of compensation in a hernia case. Admittedly there had been a pre-existing hernia which had been operated some time before the alleged accident. There was a question of fact as to whether or not application of force directly to the abdominal wall produced the condition for which compensation was sought, and a question of law is presented as to the compensability of an aggravation of a pre-existing condition of this sort. In view of the holdings of our courts on like and similar questions, Furferi v. Pennsylvania Railroad Co., 117 N. J. L. 508; Mandel v. Federal Shipbuilding and Drydock Co., 132 Id. 513; reversed, 133 Id. 311; Fusco v. Cambridge Piece Dyeing Corp., 135 Id. 160; 50 Atl. Rep. (2d) 870, we are"of the opinion that a debatable question is presented and that a writ of certiorari should be allowed.