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PAUL v. BALTIMORE UPHOLSTERING CO.

66 N.J. 111 (1974)

328 A.2d 610

FRED PAUL, PLAINTIFF-APPELLANT, v. BALTIMORE UPHOLSTERING CO., RESPONDENT-RESPONDENT, AND TWO PERCENT FUND, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 15, 1974.

Attorney(s) appearing for the Case

Mr. Charles J. Farley, Jr. argued the cause for plaintiff-appellant Fred Paul (Messrs. Farley & Farley, attorneys).

Mr. Lawrence G. Moncher, Deputy Attorney General, argued the cause for the respondent-appellant Second Injury Fund (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Steven A. Tasher, Deputy Attorney General, on the brief).

Mr. Gerald W. Conway argued the cause for respondent-respondent Baltimore Upholstering Co. (during coverage of Employers Mutual Liability Insurance Company of Wisconsin) (Messrs. Conway, Reiseman & Michals, attorneys).

Messrs. O'Brien, Brett, Holly & Martin filed a brief on behalf of respondent-respondent Baltimore Upholstering Co. (during coverage of Firemen's Fund American Insurance Company).

The opinion of the court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

The Second Injury Fund (known at times in the past as the One Percent Fund and the Two Percent Fund, and hereinafter referred to as the Fund) created by the Legislature from contributions by employers to absorb in certain cases of permanent and total disability part of the impact on employers of awards of workmen's compensation, L. 1923, c. 81, as amended at various times...

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