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CONTINENTAL CAS. CO. v. KNUCKLES

142 N.J. Super. 162 (1976)

361 A.2d 44

CONTINENTAL CASUALTY COMPANY, APPELLANT, v. SAMUEL KNUCKLES, CLAIMANT-RESPONDENT, DEPARTMENT OF LABOR AND INDUSTRY, DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE, RESPONDENT. CONTINENTAL ASSURANCE COMPANY, APPELLANT, v. JUDITH ANN FREER, CLAIMANT-RESPONDENT; DEPARTMENT OF LABOR AND INDUSTRY, DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1976.

Attorney(s) appearing for the Case

Mr. Paul J. Hirsh argued the cause for appellants (Messrs. Friedman & D'Alessandro, attorneys; Mr. Michael F. Lombardi on the brief).

Mr. Jeffrey P. Blumstein, Deputy Attorney General, argued the cause for respondent Board of Review (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Michael S. Bokar, Deputy Attorney General, of counsel).

Before Judges FRITZ, SEIDMAN and MILMED.

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

The appeals in these consolidated temporary disability cases involve no disputed questions of fact. The legal conundrum presented is simple to state: does N.J.S.A. 43:21-39, in its provision for withheld first "waiting week" benefits until "benefits shall be payable for 3 consecutive weeks," require first-week payment if the disability extends into any day or days of the third consecutive week thereafter...

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