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FITZGERALD v. CODDINGTON STABLES

890 A.2d 933 (2006)

186 N.J. 21

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

Supreme Court of New Jersey.

Decided January 25, 2006.

Attorney(s) appearing for the Case

Francis T. Giuliano, Ramsey, argued the cause for appellant.

Kenneth L. Thomson, Freehold, argued the cause for respondent Linda Fitzgerald (Schottland, Manning, Caliendo & Thomson, attorneys).

Nicholas L. Krochta, Somerville, argued the cause for respondent Tom Coddington Stables (Kulick, Brennan & Krochta, attorneys).

Juliet T. Wyne, Deputy Attorney General, argued the cause for amicus curiae New Jersey Racing Commission (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Mark D. Schorr submitted a brief on behalf of amicus curiae Standardbred Breeders & Owners Association of New Jersey, Inc. (Sterns & Weinroth, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

In this appeal, we address the seeming contradiction that arises from the intersection of two separate statutory workers' compensation insurance requirements applicable to employees in New Jersey's horse racing industry: the broad obligation of all horse trainers to provide private workers' compensation insurance to their employees under N.J.S.A. 34:15-134.1 versus the requirement that the New Jersey Horse...

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