AVILA v. RETAILERS & MANUFACTURERS


810 A.2d 585 (2002)

355 N.J. Super. 350

Daniel AVILA, Petitioner-Respondent, v. RETAILERS & MANUFACTURERS DISTRIBUTION, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 2002.


Attorney(s) appearing for the Case

David P. Kendall argued the cause for appellant (Francis T. Giuliano, attorney; Mr. Kendall and Mr. Giuliano, on the brief).

Ilona Shmaruk argued the cause for respondent (Garces & Grabler, attorneys; Mark S. Garber, on the brief).

Before Judges PETRELLA, BRAITHWAITE and PARKER.


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

Respondent appeals from a workers' compensation judgment of five percent permanent partial orthopedic disability in favor of the petitioner. Respondent admitted that petitioner suffered an accident during his employment, but disputed whether it resulted in a compensable permanent injury. In this appeal, respondent argues (1) that the judge should have stayed the judgment pending appeal; (2) defendant did not...

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