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BARBATO v. ALSAN MASONRY

64 N.J. 514 (1974)

318 A.2d 1

LOUIS BARBATO, PETITIONER-APPELLANT, v. ALSAN MASONRY & CONCRETE, INC., RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Mr. Charles J. Farley, Jr. argued the cause for petitioner-appellant (Messrs. Farley & Farley, attorneys; Mr. Charles J. Farley, Jr., on the brief).

Mr. George J. Kenny argued the cause for respondent-respondent (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys; Mr. George J. Kenny, of counsel and on the brief).

The judgment of the Court was delivered in an opinion by PASHMAN, J.

Petitioner suffered a work-related myocardial infarction on February 24, 1970 and shortly thereafter filed a workmen's compensation claim for total disability. Compensation was acknowledged at the workmen's compensation hearing but only 33 1/3% of partial total was awarded by the compensation judge. An appeal to the Morris County Court for a de novo review followed. After careful consideration...

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