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ORT v. TAYLOR-WHARTON CO.

47 N.J. 198 (1966)

219 A.2d 866

ENOS ORT (C-5240), PETITIONER, v. TAYLOR-WHARTON CO., DIVISION OF HARSCO CORPORATION (IMPLEADED AS TAYLOR-WHARTON IRON & STEEL COMPANY), RESPONDENT. ENOS ORT (D-87337), PETITIONER, v. TAYLOR-WHARTON CO., DIVISION OF HARSCO CORPORATION, RESPONDENT.

The Supreme Court of New Jersey.

Decided May 23, 1966.

Attorney(s) appearing for the Case

Mr. Everett Rhinehart argued the cause for respondent Taylor-Wharton Co., Division of Harsco Corporation (Mr. John W. Taylor, attorney, and Mr. Rhinehart, of counsel).

Mr. William T. McElroy argued the cause for respondent New Jersey Manufacturers Casualty Insurance Company (Messrs. Pindar, McElroy, Connell & Foley, attorneys, and Mr. McElroy of counsel).

Mr. Henry Harris argued the cause for petitioner (Messrs. Rothbard, Harris & Oxfeld, attorneys, and Mr. Harris of counsel).

Mr. Richard Newman, Deputy Attorney General, argued the cause for Raymond F. Male, Commissioner of Labor and Industry and Trustee of the One Per Cent Fund (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney, and Mr. Newman of counsel and on the brief).

The opinion of the court was delivered by FRANCIS, J.

This is a workmen's compensation occupational disease case. The petitioner Enos Ort was employed for many years in respondent's foundry where in the course of his work he was extensively exposed to dust. On November 21, 1956 he filed a petition for compensation claiming that the dust inhalation had caused pneumoconiosis and emphysema which produced substantial permanent disability. After hearing at which the compensability...

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