LEVAS v. MIDWAY SHEET METAL


766 A.2d 1212 (2001)

337 N.J. Super. 341

Michael LEVAS, Petitioner-Respondent, v. MIDWAY SHEET METAL, D & M Sheet Metal, Allied Ventilation, Inc., Haden Schweitzer Corporation, and the Second Injury Fund, Respondents-Respondents, and Elmsford/Independent Joint Venture #IV, Raritan Valley Sheet Metal, Inc., Folander Sheet Metal Company, and Bonland Industries, Inc., Respondents-Appellants, and Middlesex Sheet Metal Company, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 2001.


Attorney(s) appearing for the Case

David P. Kendall argued the cause for respondents-appellants Elmsford/Independent Joint Venture # IV, Raritan Valley Sheet Metal, Inc., Folander Sheet Metal Company, and Bonland Industries, Inc. (Francis T. Giuliano, Ramsey, of counsel; Mr. Kendall, on the brief).

Wysoker, Glassner, Weingartner, Gonzalez & Lockspeiser, New Brunswick, attorneys for petitioner-respondent Michael Levas, have not filed a brief.

Golden, Rothschild, Spagnola, Lundell & Levitt, New Brunswick, attorneys for respondent-respondent Haden Schweitzer Corporation, have not filed a brief.

Passman, Dougherty & Zirulnik, East Hanover, attorneys for respondent-respondent Midway Sheet Metal, have not filed a brief.

Robert W. Frieland, Cedar Knolls, attorney for respondent-respondent Allied Ventilation, has not filed a brief.

Charles P. Hopkins, II, Shrewsbury, attorney for respondent-respondent D & M Sheet Metal, has not filed a brief.

John J. Farmer, Jr., Attorney General, attorney for respondent Second Injury Fund (Linda A. Lockard-Phillips, Deputy Attorney General, filed a letter brief but did not argue).

Before Judges SKILLMAN, CONLEY and LESEMANN.


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

This appeal1 returns to us following our remand to the workers' compensation judge on the issues of whether petitioner's respective employments with various successive employers from early 1990 to February 1991 (the Ford plant employers), during which he was exposed to pulmonary irritants, contributed in a degree substantially greater than de minimis to his permanent total...

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