Phillips v. Quik-Snap Printing Corp.
Phillips v. Quik-Snap Printing Corp.
Opinion of the Court
The judgment is affirmed substantially for the reasons expressed by the Appellate Division. Phillips v. Quik-Snap Printing Corp., reported at 126 N. J. Super. 350.
Dissenting Opinion
(dissenting). The Judge of the Division of Workmen’s Compensation dismissed the claim petition and amended petition for failure of the petitioner “to sustain his burden of proof as regards to a compensable occupational condition, arising out of and in the course of his employment * * The County Court reversed, finding the necessary causal connection between petitioner’s work effort and the condition of which he complains, and remanded “for a determination of the monetary benefits to which petitioner
The extent and character of the injury claimed are set forth in the Amended Claim Petition for Compensation as “[t]otal disability resulting from scalenus antieus syndrome, disturbance of vascular system, and orthopedic, neurological and pulmonary conditions.” In furtherance of this claim the petitioner produced medical witnesses, including the deposition de lene esse of the surgeon who performed the scalenotomy to relieve pressure on the subclavian artery, all of whom confirmed the existence of the claimed condition, to wit, scalenus antieus syndrome. Respondent’s medical experts did not disagree with the essential diagnosis (although one preferred the nomenclature accorded it by present-day conventional medical thinking, namely, thoracic outlet syndrome) ; but they asserted the condition was not due to petitioner’s work as a web pressman and did not arise out of his employment. The single significant issue thus posed was causal relationship; it was resolved below with the varying results as indicated heretofore.
The majority opinion in the Appellate Division, on which my colleagues rest their affirmance of the judgment, contains a recital of the County Court’s specific findings, the fourth of which, critical to the case, is as follows: “as a result of this use of his right arm, the scalenus antieus muscle in the petitioner’s neck became hypertrophied.” This conclusion, according to the opinion below, was “based upon sufficient credible evidence * * * reasonably supported on the whole record * *
I disagree and consequently register my dissent. This type of workmen’s compensation ease imposes upon us an obligation carefully to examine the entire record within the guiding principle of Close v. Kordulak, 44 N. J. 589 (1965). I would say parenthetically that I have some question about
* * * [HJypertrophied implies increase in size, It can be all sorts of things which you can’t be sure at the operating table. I did make a note — it was some days later, and the man who dictated it didn’t, but I indicated it was stretched like a piano string, so it was tight, but I don’t remember whether the muscle was particularly big.
The absence of hypertrophy is, I suggest, crucial in terms of the sufficiency of credible evidence reasonably supportive of the findings below and of petitioner’s theory of the case. My ultimate conclusion of absence of causal relationship as demonstrated by petitioner’s own case assuredly is fortified by the testimony of respondent’s experts to the effect that the scalenus anticus muscle was not and could not be affected by the petitioner’s employment effort, inasmuch as it is a muscle used for breathing and turning the head, not for lifting or otherwise moving the arm. This being so, I would re
For affirmance—Acting Chief Justice Jacobs, Justices Hall, Sullivan and Pashman and Judges Coneoed and COLLESTER-6.
For reversal—Justice Clieeord—1.
Reference
- Full Case Name
- EDWARD J. PHILLIPS, PETITIONER-RESPONDENT v. QUIK-SNAP PRINTING CORP.
- Cited By
- 3 cases
- Status
- Published