Supreme Court of New Jersey

Agnes Ciuba, Plaintiff-Appellant v. Irvington Varnish & Insulator Co., Respondent-Appellee

May 26, 195827 N.J. 127

Summary

The Supreme Court of New Jersey reversed the lower courts and held that the death of Erank Ciuba from a myocardial infarction while performing ordinary millwright duties was a compensable "accident" under the Workmen's Compensation Act. The Court rejected the requirement that the strain be unusual and affirmed that the plaintiff met the preponderance of the probabilities showing the employment contributed to the death, and it overruled Seiken v. Todd Dry Dock.