DARMETKO v. ELECTRON TECHNOLOGY


243 N.J. Super. 536 (1990)

580 A.2d 1087

JEANETTE DARMETKO, PETITIONER-APPELLANT, v. ELECTRON TECHNOLOGY AND STATE OF NEW JERSEY, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1990.


Attorney(s) appearing for the Case

Charles J. Farley, Jr. argued the cause for appellant (Farley & Farley, attorneys; Charles J. Farley, Jr. on the brief).

Stephen A. Geffner argued the cause for respondent Electron Technology (Gallo, Geffner, Fenster, Turitz & Harraka, attorneys; Richard J. Grossi on the letter-brief).

Michael O'Brien, Deputy Attorney General, argued the cause for respondent State of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Michael O'Brien on the brief).

Before Judges PRESSLER and BAIME.


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

The sole question presented by this appeal concerns the constitutionality of N.J.S.A. 34:15-36. That statute requires injured workers to be seventy-five percent disabled before factors other than physical or neuropsychiatric impairments are considered in the determination of permanent total disability. Petitioner contends that the statutory restriction runs afoul of due process and equal protection. We...

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