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SHEPLEY v. JOHNS-MANVILLE PRODUCTS CORP.

141 N.J. Super. 387 (1976)

358 A.2d 485

LOUIS SHEPLEY, PETITIONER-RESPONDENT, v. JOHNS-MANVILLE PRODUCTS CORPORATION, A NEW JERSEY CORPORATION, RESPONDENT-APPELLANT, AND THE COMMISSIONER OF LABOR AND INDUSTRY, AS CUSTODIAN OF THE SECOND INJURY FUND UNDER N.J.S.A. 34:15-94, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1976.

Attorney(s) appearing for the Case

Mr. Richard H. Thiele, Jr., argued the cause for respondent-appellant (Messrs. Wharton, Stewart & Davis, attorneys; Ms. Joan L. Mott, on the brief).

Mr. Robert N. Golden argued the cause for petitioner-respondent (Messrs. Graham, Yurasko, Golden & Lintner, attorneys).

Mr. Steven A. Tasher, Deputy Attorney General, argued the cause for respondent-respondent (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges LYNCH, LARNER and HORN.

PER CURIAM:

Petitioner had recovered a workmen's compensation award in 1969 for 12 1/2% partial total permanent disability resulting from inhalation of asbestos dust in connection with his employment. In October 1971 he filed a petition which in effect sought compensation for increased disability and on January 18, 1973 filed another petition requesting the benefits of the Second Injury Fund under N.J.S.A. 34:15-94. The workmen's compensation judge found that...

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