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BELLO v. CMR. OF DEPT. OF LABOR AND INDUSTRY

106 N.J. Super. 405 (1969)

256 A.2d 63

JAMES A. BELLO, PETITIONER-RESPONDENT, v. COMMISSIONER OF THE DEPARTMENT OF LABOR AND INDUSTRY, AS TRUSTEE OF THE TWO PER CENT FUND, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1969.

Attorney(s) appearing for the Case

Mr. Stephen Skillman, Deputy Attorney General, argued the cause for appellant (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Seymour B. Jacobs argued the cause for respondent (Messrs. Balk, Jacobs, Goldberger & Mandell, attorneys).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

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

The Commissioner of the Department of Labor and Industry (Commissioner), as trustee of the Two Per Cent Fund, also known as the Second Injury Fund (Fund), appeals from a judgment of the Essex County Court denying the Fund credit, in its computation of the benefits due petitioner James A. Bello, for monies received in settlement of his third-party claim.

In July 1959 Bello filed a petition in the Division...

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