Kuczynski v. Humphrey

The opinion of the court was delivered by

Heher, J.

The decisive inquiry in this action, instituted under the Workmen’s Compensation act of 1911 (Pamph. L., pp. 134, 763), as amended, is whether the Middlesex Common Pleas erred, to the prejudice of prosecutor, in the admeasurement of the disability consequent upon a compensable injury concededly suffered by the respondent employe by an accident arising out of and in the course of his employment; and we resolve it in the negative.

On June 8th, 1929, respondent, while in prosecutor’s service as a carpenter, fell a distance of approximately thirty…