LEWICKI v. N.J. ART FOUNDRY


88 N.J. 75 (1981)

438 A.2d 544

FRANK LEWICKI, PETITIONER-APPELLANT, v. NEW JERSEY ART FOUNDRY, RESPONDENT-APPELLANT, AND THE SECOND INJURY FUND, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 22, 1981.


Attorney(s) appearing for the Case

Samuel L. Marciano argued the cause for appellant Frank Lewicki (Florio, Dunn & Marciano, attorneys).

George J. Kenny argued the cause for appellant New Jersey Art Foundry (Connell, Foley & Geiser, attorneys).

Lois J. Gregory, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General of New Jersey; Michael R. Cole, Assistant Attorney General, of counsel).


The opinion of the Court was delivered by O'HERN, J.

The primary issue in this workers' compensation appeal is the proper standard of review by the Commissioner of Labor and Industry of a Compensation Judge's advisory report recommending an award of benefits from the Second Injury Fund. This Fund is available for compensation where a worker suffers injuries in a compensable accident, which injuries together with a previous permanent partial disability from some other...

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