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DRAKE v. ESSEX COUNTY

192 N.J. Super. 177 (1983)

469 A.2d 512

WILBUR DRAKE, PLAINTIFF-APPELLANT, v. COUNTY OF ESSEX AND ESSEX COUNTY CORRECTIONS CENTER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Neal J. Berger argued the cause for appellant (Fish, Field & Greenspoon, attorneys).

William D. Joachim, Assistant Essex County Counsel, argued the cause for respondents (David H. Ben-Asher, Essex County Counsel, attorney; William A. Colavito, Assistant Essex County Counsel, of counsel and on the brief).

Before Judges FRITZ, FURMAN and DEIGHAN.

The opinion of the court was delivered by FURMAN, J.A.D.

At issue on this appeal is whether a prisoner in a county penal institution is eligible for worker's compensation, N.J.S.A. 34:15-1 et seq., for a work-connected injury. Plaintiff was on a work detail as a plumber's helper when he hurt his back in crossing a wooden plank, which gave way. As a plumber's helper he was compensated both by minimal wages and by

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