Opinion
Argued January 19, 1938 —
Decided January 31, 1938.
An accidental strain suffered by an employe afflicted with tuberculosis, while lifting a heavy weight, which produced a hemorrhage, is compensable under the Workmen's Compensation act where the accident arose out of and in the course of employment.
On certiorari.
Before Justices BODINE, HEHER and PERSKIE.
For the prosecutor, Kellogg Chance.
For the defendant, Avidan Avidan.
In examining this application for a writ of certiorari, we concur with the findings of the bureau and the Court of Common Pleas that there was an accident arising out of and in the course of the employment. The employe suffering from tuberculosis, while lifting a heavy weight, felt a sudden strain which resulted in a hemorrhage. The reasoning in Bernstein v. Kelly, 114 N.J.L. 500; affirmed, 115 Id. 500, is controlling.
The application will be denied.