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WEHRLE v. AMERICAN CAN CO.

228 N.J. Super. 382 (1988)

549 A.2d 1252

EVE WEHRLE, PETITIONER-RESPONDENT, v. AMERICAN CAN COMPANY, RESPONDENT-APPELLANT, v. SECOND INJURY FUND, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1988.

Remanded July 8, 1988.

Reargued September 15, 1988.

Decided October 24, 1988.

Attorney(s) appearing for the Case

Anthony C. Famulari argued the cause for appellant (Carpenter, Bennett & Morrissey, attorneys; Arthur M. Lizza, of counsel; Allan L. Lockspeiser, on the brief; Dominick Bratti, on the supplemental brief).

Allen S. Goldberger argued the cause for respondent Wehrle (Goldberger & Seligsohn, attorneys; Allen S. Goldberger, on the brief and supplemental brief).

Lois J. Gregory, Deputy Attorney General, argued the cause for respondent Commissioner of Labor as Custodian of the Second Injury Fund (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Lois J. Gregory on the brief and supplemental brief).

Before Judges MICHELS and ARNOLD M. STEIN.

Remanded by the Supreme Court July 8, 1988.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We review this matter on remand from the Supreme Court.

In 1974 Russell A. Wehrle was adjudicated totally and permanently disabled as a result of a work-connected pulmonary condition combined with other pre-existing conditions and disabilities. Allocation of this disability was fixed at 85% for American Can and 15% for the Second Injury Fund...

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