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WALSH v. RCA/GENERAL ELEC. CORP.

756 A.2d 1012 (2000)

334 N.J. Super. 1

Henry N. WALSH, Petitioner-Respondent, v. RCA/GENERAL ELECTRIC CORP., Respondent-Respondent, Second Injury Fund, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2000.

Attorney(s) appearing for the Case

Lois J. Gregory, Deputy Attorney General, argued the cause for respondent-appellant (John J. Farmer, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Gregory, on the brief).

David Tykulsker, Montclair, argued the cause for petitioner-respondent Henry N. Walsh (David Tykulsker & Associates, attorneys; Mr. Tykulsker, on the brief).

Robert J. Young, New Brunswick, argued the cause for respondent-respondent RCA/General Electric Corp. (Young & Perez, attorneys; Mr. Young, on the brief).

Before Judges WALLACE, Jr., CUFF and LESEMANN.

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

In this appeal, we must determine whether the Second Injury Fund (the Fund) is liable for a portion of total disability benefits when the claimant has a pre-existing disability but is not in the work force at the time the compensable injury became manifest. The Judge of Compensation held the Fund liable. We affirm.

The facts are largely undisputed. In 1958, petitioner...

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