JENKINS v. JOHNS-MANVILLE PRODUCTS


240 N.J. Super. 549 (1990)

573 A.2d 963

FRED JENKINS, PETITIONER-RESPONDENT, v. JOHNS-MANVILLE PRODUCTS CORP., RESPONDENT-RESPONDENT, v. COMMISSIONER OF LABOR, AS TRUSTEE OF THE SECOND INJURY FUND, RESPONDENT-APPELLANT. ELIZABETH BOGNAR, PETITIONER-RESPONDENT, v. JOHNS-MANVILLE SALES CORP., RESPONDENT-RESPONDENT, v. COMMISSIONER OF LABOR, AS TRUSTEE OF THE SECOND INJURY FUND, RESPONDENT-APPELLANT. BARBARA SHIMANOWITZ, PETITIONER-RESPONDENT-CROSS-APPELLANT, v. JOHNS-MANVILLE SALES CORP., RESPONDENT-RESPONDENT, v. COMMISSIONER OF LABOR, AS TRUSTEE OF THE SECOND INJURY FUND, RESPONDENT-APPELLANT. CHRISTINE JACKSON, PETITIONER-RESPONDENT, v. JOHNS-MANVILLE PRODUCTS CORP., RESPONDENT-RESPONDENT, v. COMMISSIONER OF LABOR, AS TRUSTEE OF THE SECOND INJURY FUND, RESPONDENT-APPELLANT. ELEANOR KACSMAR, PETITIONER-RESPONDENT-CROSS-APPELLANT, v. JOHNS-MANSVILLE PRODUCTS CORP., RESPONDENT-APPELLANT, v. COMMISSIONER OF LABOR, AS TRUSTEE OF THE SECOND INJURY FUND, RESPONDENT-CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1990.


Attorney(s) appearing for the Case

Lawrence G. Moncher, Deputy Attorney General, argued the cause for respondent-appellant Commissioner Of Labor, and respondent-cross-appellant in A-5659-86T7 (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Lawrence G. Moncher, on the brief).

Richard H. Thiele argued the cause for respondent-respondent Johns-Manville Sales Corp. and/or Johns-Manville Products Corp., and respondent-appellant in A-5659-86T7 (Thiele & Hermes, attorneys; Richard H. Thiele, on the brief).

Raymond E. Wenstrom argued the cause for petitioner-respondent Fred Jenkins (Raymond E. Wenstrom, attorneys; Larry M. Radomski, on the brief).

Robert N. Golden argued the cause for petitioner-respondent Elizabeth Bognar (Robert N. Golden, attorney; Robert N. Golden, on the brief).

Murray D. Weingartner argued the cause for petitioner-respondent-cross-appellant Barbara Shimanowitz (Wysoker, Glassner, Weingartner & Goldblatt, attorneys; Allan L. Lockspeiser, on the brief).

Robert N. Golden argued the cause for petitioner-respondent Christine Jackson (Robert N. Golden, attorney; Robert N. Golden, on the brief).

Irving Silverman argued the cause for petitioner-respondent-cross-appellant Eleanor Kacsmar (Reitman, Parsonnet, Maisel & Duggan, attorneys; John J. Sharkey, Jr., on the brief).

Before Judges MICHELS, COHEN and BROCHIN.


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

By this opinion, we decide appeals from five decisions of a judge of compensation interpreting provisions of the Workers' Compensation statutes. Although not consolidated, all five were argued before us on the same day. We have considered them together because they all involve questions about eligibility for "special adjustment benefit payment[s]" pursuant to N.J.S.A. 34:15-95.4 and the correct procedure...

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