HARRIS v. BRANIN TRANSPORT, INC.


711 A.2d 331 (1998)

312 N.J. Super. 38

Ann Davis HARRIS, Petitioner-Respondent, v. BRANIN TRANSPORT, INC., Respondent-Appellant, v. SECOND INJURY FUND Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1998.


Attorney(s) appearing for the Case

Jeffrey D. Newby, Voorhees, for Branin Transport, Inc. (Weber, Goldstein, Greenberg & Gallagher, attorneys; Mr. Newby, on the brief).

George T. Kotch, Mount Holly, for Ann Davis Harris (George T. Kotch, P.C., attorney; Mr. Kotch and Robin D. Buser, Marlton, on the brief).

Lois J. Gregory, Senior Deputy Attorney General, for Commissioner of Labor (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Gregory, on the brief).

Before Judges SHEBELL, D'ANNUNZIO and COBURN.


The opinion of the court was delivered by

SHEBELL, P.J.A.D.

On August 17, 1976, petitioner's husband, John Oliver Harris, was killed in a tractor trailer collision during the course of his employment with respondent, Branin Transport, Inc. On February 16, 1979, an Order of Dependency Benefits was entered by the Division of Workers' Compensation (Division) awarding petitioner widow-dependency benefits at the rate of $128.00 per week subject to reduction by...

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