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WRIGHT v. PORT AUTHORITY

263 N.J. Super. 6 (1993)

621 A.2d 941

EDWARD WRIGHT, PETITIONER-RESPONDENT, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, RESPONDENT-RESPONDENT, AND THE SECOND INJURY FUND, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1993.

Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellant The Second Injury Fund (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Goltz, on the brief).

George L. Kimmel argued the cause for respondent Edward Wright (Wilentz, Goldman & Spitzer, attorneys; Mr. Kimmel and Glen D. Savits, on the brief).

George P. Cook argued the cause for respondent Port Authority of New York and New Jersey (Hugh H. Welsh, New Jersey Solicitor, attorney; Mr. Cook, on the brief).

Alfred G. Osterweil, filed an amicus curiae brief on behalf of the Port Authority Police Benevolent Association, Inc. (Craig Kozan, on the brief).

Before Judges KING, BRODY and THOMAS.

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

This case presents the question of the right of a totally disabled employee of the Port Authority of New York and New Jersey (Port Authority) to recover both his accidental disability pension benefits and his New Jersey workers' compensation weekly benefits in full despite the bar against dual recovery in N.J.S.A. 34:15-43. The judge of workers' compensation ruled in favor of the disabled employee and...

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