G.B. v. STATE HEALTH BENEFITS COM'N


222 N.J. Super. 83 (1988)

535 A.2d 1010

G.B. AND R.B., PETITIONERS, AND N.B., PETITIONER-APPELLANT, v. STATE HEALTH BENEFITS COMMISSION, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1988.


Attorney(s) appearing for the Case

Edward Kopelson argued the cause for appellant N.B. (David Lazarus, Director of Litigation, Community Health Law Project, attorney; Edward Kopelson, on the brief).

Adele C. Baker, Deputy Attorney General, argued the cause for respondent State Health Benefits Commission (W. Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Adele C. Baker, on the brief).

Alfred A. Slocum, Public Advocate, filed an amicus curiae brief and reply brief on behalf of appellant (William F. Culleton, Jr., Assistant Deputy Public Advocate, on the brief).

Before Judges SHEBELL, GAYNOR and ARNOLD M. STEIN.


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

Appellant N.B. appeals from a decision of the respondent State Health Benefits Commission (Commission) which denied him continued coverage as a dependent under the State Health Benefits Program after age 23, despite his total disability. The basis for denial was that appellant's total disability results from mental illness rather than mental retardation or physical handicap.

Appellant, until age 23...

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