Fitzsimmons v. Federal Shipbuilding & Dry Dock Co.

The opinion of the court was delivered by

Oliphant, J.

This appeal is taken by the defendant from a judgment of the Appellate Division, affirming, by a divided court, an award made to the petitioner by the Workmen’s Compensation Bureau which had been affirmed, with modifications as to attorney’s fees, by the Essex County Court.

It is conceded decedent George Fitzsimmons, on June 12, 1944, met with an accident which arose out of and in the course of his employment by defendant. This resulted in the aggravation of an existing tubercular condition from which disease he died on July 20, 1947.

At the…