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BELTH v. ANTHONY FERRANTE & SON, INC.

88 N.J. Super. 9 (1965)

210 A.2d 430

STANLEY J. BELTH, PETITIONER-APPELLANT, v. ANTHONY FERRANTE & SON, INC., RESPONDENT-RESPONDENT. STANLEY J. BELTH, PETITIONER-APPELLANT, v. SOMERSET CRUSHED STONE, INC., RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1965.

Attorney(s) appearing for the Case

Mr. John W. O'Brien argued the cause for appellant (Messrs. O'Brien, Brett & O'Brien, attorneys).

Mr. Isidor Kalisch argued the cause for respondent.

Before Judges CONFORD, KILKENNY and LEWIS.

The opinion of the court was delivered by LEWIS, J.A.D.

The question presented here is whether an employer is excused from liability in workmen's compensation for that portion of the permanent partial disability of the knee and leg of an employee following a work-connected accident which can be shown to be attributable to a noncompensable previous accident to that leg. Our decision is in the negative. The pertinent facts in the case are as follows.

In 1954...

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