Cirillo v. United Engineers & Constructors, Inc.

The opinion of the court was delivered by

Heher, J.

The sole controversy here is whether prosecutor has sustained the burden of proof of an increase of disa bility entitling him to additional compensation under the Workmen’s Compensation Act of 1911, as amended. Pamph. L. 1911, pp. 134, 763; Rev. Stat 1937, 34:15-1, et seq.

Prosecutor indisputably suffered a compensable injury on November 12th, 1931. The defendant employer voluntarily made compensation under the statute for temporary disability, and for permanent incapacity on the basis of five per cent, of total. Thereafter, on November 8th,…