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MAGAW v. MIDDLETOWN BD. OF EDUC.

731 A.2d 1196 (1999)

323 N.J. Super. 1

Donald MAGAW, Petitioner-Respondent, v. MIDDLETOWN BOARD OF EDUCATION, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1999.

Attorney(s) appearing for the Case

John H. Geaney, Mount Laurel, for respondent-appellant (Capehart & Scatchard, attorneys; Mr. Geaney, of counsel; Jody L. Wiedemann, on the brief).

Michael E. McGann, for petitioner-respondent (Amdur, Boyle, Maggs & McGann, attorneys, Eatontown; Mr. McGann, of counsel and on the brief).

Before Judges BAIME, A.A. RODRIGUEZ and LEFELT.

The opinion of the court was delivered by LEFELT, J.S.C. (temporarily assigned).

Donald Magaw was a physical education teacher in the Thorne Middle School, Middletown, New Jersey for 26 years. Magaw claimed in a workers' compensation case that he contracted tonsil cancer from a colleague's second-hand cigarette smoke. A workers' compensation judge agreed with Magaw and concluded that Magaw's tonsil cancer was a compensable...

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