Prusecki v. Branch Motor Express

The opinion of the court was delivered by

SCALERA, J.S.C. (temporarily assigned).

The employer appeals from a judgment entered in the Division of Workers’ Compensation that determined the petitioner to be 25% partially permanently disabled, 20% as a result of a myocardial infarction, and 5% for traumatic anxiety and cardiophobia. We address here the recent statutory amendment relating to coronary and cardiovascular injuries and more particularly the so-called “wear and tear” requirement contained in the statute.

The evidence produced at the hearing established that petitioner was 53 years old…