Opinion
Argued September 25, 1967 —
Decided October 9, 1967.
Appeal from Superior Court, Appellate Division.
On appeal from a judgment of the Superior Court, Appellate Division, where the following per curiam opinion was filed:
Mrs. Mabel L. Richardson argued the cause for appellant ( Messrs. Stavis, Richardson, Koenigsberg Rossmoore, attorneys; Mr. Morton Stavis and Mr. William Rossmoore, of counsel.) Mr. Everitt Rhinehart argued the cause of respondent ( Mr. John W. Taylor, attorney.)
"The Division of Workmen's Compensation and the Essex County Court concurred in the conclusion that petitioner had not satisfactorily established that the decedent's death was caused, contributed to or accelerated by his employment. Proceeding under Close v. Kordulak Bros., 44 N.J. 589 , 598-599 (1965), we find that the conclusions by the trial tribunals could reasonably have been reached because supported by sufficient credible proofs on the case as a whole.
We have given careful consideration to all the evidence, particularly the medical proofs. See Aladits v. Simmons Co., 47 N.J. 115, 124-126 (1966). Assuming, as did the county court, that consideration should be given to petitioner's testimony as to decedent's explanation to her concerning the effect upon him of the delivery efforts on the Friday prior to his death, we conclude that the evidence justified the county court in its determination that there was no causal relationship between those work efforts and the incident of decedent's death the following Monday while seated in a parked car reading a book.
Judgment affirmed."
The judgment is affirmed for the reasons expressed in the opinion of the Appellate Division, supra. For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, SCHETTINO and HANEMAN. — 6.
For reversal — None.