WEHRLE v. AMERICAN CAN CO.


224 N.J. Super. 400 (1988)

540 A.2d 898

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 21, 1988.


Attorney(s) appearing for the Case

Allen L. Lockspeiser argued the cause for appellant (Carpenter, Bennett & Morrissey, attorneys; Arthur M. Lizza, of counsel, and Allan L. Lockspeiser, on the brief).

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

Before Judges MICHELS, GAYNOR and ARNOLD M. STEIN.


The opinion of the court was delivered by ARNOLD M. STEIN, J.S.C., temporarily assigned.

Respondent employer American Can Company appeals from that part of the final judgment of the Division of Workers' Compensation holding that the death dependency benefits payments awarded to petitioner-widow are to be made solely by the employer, and not by the Second Injury Fund. We affirm.

By order of judgment dated December 16, 1974 Russell A. Wehrle was found to be...

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