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PETERSON v. HERMANN FORWARDING CO.

267 N.J. Super. 493 (1993)

631 A.2d 1274

JOHN PETERSON, PETITIONER-RESPONDENT, v. HERMANN FORWARDING CO., MID-FLORIDA MINING, PILOT TRUCKING, MC LEAN TRUCKING, P.I.E. NATIONWIDE, MCDONNELL DOUGLAS AND COMMISSIONER OF LABOR AS CUSTODIAN OF THE SECOND INJURY FUND, RESPONDENTS-RESPONDENTS, AND YELLOW FREIGHT SYSTEM, INC., RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1993.

Attorney(s) appearing for the Case

Joseph M. Soriano, argued the cause for appellant (Mattson, Madden & Polito, attorneys; Le Roy Mattson, of counsel; Joseph M. Soriano, on the brief and reply letter brief).

Sheldon Schiffman, argued the cause for respondent, Mc Lean Trucking (Fred S. Brause, Jr., attorney; Sheldon Schiffman, on the letter brief).

Chester Tigges, argued the cause for respondent, Pilot Trucking (Thomas H. Green, attorney; John J. Jasieniecki, on the letter brief).

Lois J. Gregory, Senior Deputy Attorney General, argued the cause for Second Injury Fund (Fred DeVesa, Attorney General; Ms. Gregory, on the letter brief).

Mark P. Rockwell, argued the cause for respondent, Mid-Florida Mining (Lenahan & Rockwell, P.A., attorneys; Mark P. Rockwell, on the letter brief).

Ira Sukoneck, argued the cause for respondent, Hermann Forwarding (Braff, Harris & Sukoneck, attorneys; Ira Sukoneck, of counsel; Robert Re, on the brief and reply letter brief).

Allan L. Lockspeiser, argued the cause for petitioner (Wysoker, Glassner & Weingartner, attorneys; Allan L. Lockspeiser, on the brief).

Before Judges SHEBELL, LONG and LANDAU.

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

This is an appeal from an Order of Judgment entered by the Judge of Compensation finding petitioner one hundred percent totally and permanently disabled, with seventy-two and one-half percent of the total disability assessed against appellant, Yellow Freight System, Inc. ("Yellow Freight"), and twenty-seven and one-half percent of the total disability assessed against the Second Injury Fund.

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