Breheny v. County of Essex

The opinion of the court was delivered by

Perskie, J.

The basic question for decision in this workmen’s compensation case is whether the employee carried the burden of establishing his asserted claim for compensation because of subsequently increased incapacity. R. S. 34:15 — 27.

In the Bureau and in the Essex County Court of Common Pleas the question was resolved in the affirmative; and the judgment, based on the original award in the Bureau of 40%, was increased in the Bureau and in the Pleas to 100% of permanent total incapacity. Our independent appraisal of the proofs, and the law applicable…