Bernstein Furniture Co. v. Kelly

The opinion of the court was delivered by

Bodine, J.

The prosecutor seeks a writ of certiorari to review an order of the Essex County Court of Common Pleas reversing an order dismissing a petition for compensation filed with the workmen’s compensation bureau.

The defendant’s husband died while at work in the prosecutor’s business. The proofs indicate that the immediate *396cause of death was heart failure, whether due to a chronic ailment or an accident arising out of the employment need not now be determined. The bureau found that the death was not due to an accident arising out of the employment.…