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ROSALES v. STATE DEPT. OF JUDICIARY

860 A.2d 929 (2004)

373 N.J. Super. 29

Tami ROSALES, Petitioner-Respondent, v. STATE of New Jersey DEPARTMENT OF THE JUDICIARY, Respondent-Appellant, v. The Second Injury Fund, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 2004.

Attorney(s) appearing for the Case

Michael O'Brien, Deputy Attorney General argued the cause for appellant (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. O'Brien on the brief).

Frank S. Salzer, Toms River, argued the cause for respondent Tami Rosales (Mr. Salzer, of counsel and on the brief; Thomas W. Polaski, on the brief).

Respondent The Second Injury Fund has not filed a brief.

Before Judges KING, NEWMAN and HOLSTON, Jr.

The opinion of the court was delivered by

NEWMAN, J.A.D.

This appeal presents the issue of whether Workers' Compensation benefits should be offset by an ordinary disability retirement based upon the same disability. We are satisfied that the long-standing public policy prohibiting dual recoveries for the same disability require an offset. We are further convinced that the Workers' Compensation judge's findings of total disability are well-supported by the...

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