CULBERT v. CITY OF JERSEY CITY


814 A.2d 1094 (2003)

175 N.J. 286

Dennis CULBERT, Petitioner-Appellant, v. CITY OF JERSEY CITY, Respondent-Respondent.

Supreme Court of New Jersey.

Decided February 11, 2003.


Attorney(s) appearing for the Case

James Koblin, Jersey City, argued the cause for appellant (Horn Shechtman, attorneys).

John H. Geaney, Mt. Laurel, argued the cause for respondent (Capehart & Scatchard, attorneys).

Craig S. Gumpel, Livingston, submitted a brief on behalf of amicus curiae New Jersey State Firemen's Mutual Benevolent Association (Fox and Fox, attorneys; Mr. Gumpel and Jennifer E. Walker, of counsel and on the brief).

Alan R. Levy submitted a brief on behalf of amici curiae New Jersey State Council of Machinists, International Association of Machinists and Aerospace Workers, AFL-CIO, and New Jersey Advisory Council on Safety and Health (Ball Livingston, attorneys; Mr. Levy and Craig H. Livingston, Nutley, on the brief).


The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this workers' compensation case is whether petitioner's employment as a fireman for more than thirty years caused or contributed to his development of pulmonary emphysema within the meaning of the occupational disease provisions of the Workers' Compensation Act, N.J.S.A. 34:15-31. The Judge of Compensation found that petitioner's occupational exposure materially contributed to the development...

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