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CARBERRY v. STATE, DIV. OF POLICE

279 N.J. Super. 114 (1995)

652 A.2d 232

DAVID M. CARBERRY, PETITIONER-RESPONDENT, v. STATE OF NEW JERSEY, DIVISION OF STATE POLICE, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1995.

Attorney(s) appearing for the Case

Linda A. Lockard-Phillips, Deputy Attorney General, argued the cause, for appellant (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Lockard-Phillips on the brief).

Joseph E. Kelley, III, argued the cause, for respondent (Ingram & Kelley, attorneys; Mr. Kelley on the letter-brief).

Before Judges HAVEY, BROCHIN and CUFF.

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

In this workers' compensation case, petitioner, a sergeant with respondent New Jersey State Police, on sick leave for a condition not connected with his employment, was required by respondent to be examined by a State Police physician for the purpose of obtaining medical clearance to return to work. On his way home from the doctor's office petitioner sustained injuries as a result of

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