WILHELM v. RYDER LOGISTICS

DOCKET No. A-3770-18 A-3792-18 A-3797-18 A-3798-18.

259 A.3d 859 (2021)

468 N.J. Super. 470

George A. WILHELM, Petitioner-Appellant, v. RYDER LOGISTICS & TRANSPORTATION SOLUTIONS and Second Injury Fund, Respondents-Respondents. Thomas H. Bozarth, Sr., Petitioner-Appellant, v. Burlington County and Second Injury Fund, Respondents-Respondents. Joseph Schiazza, Petitioner-Appellant, v. Western Oilfield Supply and Second Injury Fund, Respondents-Respondents. William E. Pierce, Jr., Petitioner-Appellant, v. CBF Trucking and Second Injury Fund, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 2021.


Attorney(s) appearing for the Case

Robert A. Petruzzelli , Cherry Hill, argued the cause for appellants (Jacobs, Schwalbe and Petruzzelli, PC, attorneys; Robert A. Petruzzelli , on the briefs).

Cheryl B. Kline , Deputy Attorney General, argued the cause for respondent Second Injury Fund ( Gurbir S. Grewal , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Cheryl B. Kline , on the briefs).

Walter F. Kawalec, III , Mount Laurel, argued the cause for respondent Ryder Logistics & Transportation Solutions (Marshall Dennehey Warner Coleman & Goggin, PC, attorneys, join in the brief of respondent Second Injury Fund).

Kelly A. Grant argued the cause for respondent Burlington County (Malamut and Associates, LLC, attorneys; Kelly A. Grant , of counsel and on the brief).

Dominick Fiorello argued the cause for respondent Western Oilfield Supply (Styliades & Jackson, attorneys; Dominick Fiorello , on the brief).

Susan Stryker , Florham Park, argued the cause for respondent CBF Trucking (Bressler, Amery & Ross, PC, attorneys; Susan Stryker and Michael J. Morris , of counsel and on the brief).

Before Judges Currier, Gooden Brown and DeAlmeida.


The opinion of the court was delivered by

In these four back-to-back appeals, we consider whether N.J.S.A. 34:15-95.5 requires a triennial redetermination of petitioners' combined awards of state workers' compensation disability benefits and social security disability benefits (SSD). Because our Legislature did not include...

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