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PEREZ v. CAPITOL ORNAMENTAL

288 N.J. Super. 359 (1996)

672 A.2d 719

FRANCISCO PEREZ, PETITIONER-APPELLANT, v. CAPITOL ORNAMENTAL, CONCRETE SPECIALTIES, INC., RESPONDENT-RESPONDENT, v. SECOND INJURY FUND, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1996.

Attorney(s) appearing for the Case

Gregg M. Hobbie argued the cause for appellant (Robert A. Olkowitz, attorney, on the brief).

Victor B. Matthews argued the cause for respondent Capitol Ornamental, Concrete Specialties, Inc.

Lois J. Gregory, Senior Deputy Attorney General, argued the cause for respondent Second Injury Fund (Deborah T. Poritz, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

Before Judges KEEFE, WEFING and A.A. RODRIGUEZ.

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

Petitioner Francisco Perez appeals from a final judgment entered in the Workers' Compensation court after a plenary trial awarding him 32% permanent partial disability and dismissing his claim for Second Injury Fund benefits. On appeal, petitioner contends that the Workers' Compensation judge erred in fixing his disability within "a range of similar injuries" and without considering the extent to which the injury...

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