Thomas v. Carlton Hosiery Mills

In Thomas v. Carlton Hosiery Mills, 14 N.J.Super. 44, 81 A.2d 365 (App.Div 1951), defendant appealed from a decision of the Disability Insurance Service, Division of Employment Security in the Department of Labor and Industry, allowing temporary disability benefits. The sole issue was whether plaintiff was entitled to such benefits while she was under the care of a chiropractor. The Temporary Disability Benefits Law (P.L. 1948c 110p 586 (R.S. 43:21-25, et seq., N.J.S.A.)) provided that no benefits were payable "for any period during which a claimant is not under the care of a legally licensed physician." The hearing officer determined that the chiropractor treated plaintiff within the scope of his license and that he was a legally licensed physician within the meaning of the Statute. The Court held that the act regulating the practice of medicine and surgery also regulates the practice of chiropractic and that a license to practice chiropractic is a license to practice medicine limited to detecting and adjusting, by hand only, vertebral subluxations. The Court stated that, "technically, no one under the Act is licensed to practice as a 'physician'." Finally, the Court said: "There is nothing in the Temporary Disability Benefits Law to put an employee on notice to seek treatment only by a physician licensed to practice medicine and surgery in all its branches. The purpose of the provision in the law . . . is obviously intended to guard against fraudulent claims and should be construed from that point of view. At most, there is an ambiguity arising out of the use of the term 'legally licensed physician.' Many persons for whose benefit this Law was enacted consult chiropractors in the belief that they are dealing with legally licensed physicians. The licensing of chiropractors under the Medicine and Surgery Act encourages them in this belief. It would be unjust to construe the . . . Law so narrowly as to deprive worthy claimants of the benefits thereunder."