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PERRY v. STATE, DEPT. OF LAW AND PUBLIC SAFETY

296 N.J. Super. 158 (1996)

PATRICIA PERRY, PETITIONER-RESPONDENT, v. STATE OF NEW JERSEY, DEPT. OF LAW AND PUBLIC SAFETY, DIV. OF STATE POLICE, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1996.

Attorney(s) appearing for the Case

Michael O'Brien, Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. O'Brien, on the brief).

Grace Leslie argued the cause for respondent (Lawrence, Leslie & Kain, attorneys; Ms. Leslie, on the brief).

Before Judges SHEBELL, BAIME and BRAITHWAITE.

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

Respondent, The State of New Jersey, Department of Law and Public Safety, Division of State Police, appeals from the award of Workers' Compensation benefits to petitioner, Trooper Patricia Perry. We reverse and remand.

Petitioner filed a claim petition on May 16, 1994, for a back injury which she sustained while shoveling out her unmarked State Police troop car that was in her driveway, where it was...

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