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FITZGERALD v. CODDINGTON STABLES

851 A.2d 778 (2004)

370 N.J. Super. 582

Linda FITZGERALD, Petitioner, v. TOM CODDINGTON STABLES, Respondent-Respondent, and N.J. Horse Racing Injury Compensation Board, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 2004.

Attorney(s) appearing for the Case

Francis T. Giuliano, Ramsey, argued the cause for appellant N.J. Horse Racing Injury Compensation Board.

Nicholas L. Krochta, Somerville, argued the cause for respondent Tom Coddington Stables (Kulick, Brennan & Krochta, attorneys; Mr. Krochta, on the brief). No other parties participated in this appeal.

Before Judges PETRELLA, KESTIN and WEFING.

The opinion of the Court was delivered by PETRELLA, P.J.A.D.

The issue in this appeal is whether the workers' compensation coverage owed to petitioner Linda Fitzgerald should be borne by Tom Coddington Stables (through its compensation carrier) or by the New Jersey Horse Racing Injury Compensation Board (Compensation Board) established pursuant to N.J.S.A. 34:15-129, et seq. The Judge of Workers' Compensation concluded that under the statute, the Compensation...

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