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LEWICKI v. N.J. ART FOUNDRY

176 N.J. Super. 358 (1980)

423 A.2d 645

FRANK LEWICKI, PETITIONER-APPELLANT, v. NEW JERSEY ART FOUNDRY, RESPONDENT-RESPONDENT, AND THE SECOND INJURY FUND, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 7, 1980.

Attorney(s) appearing for the Case

Samuel L. Marciano argued the cause for appellant (Florio, Dunn & Marciano, attorneys).

Kathleen S. Murphy argued the cause for respondent New Jersey Art Foundry (Connell, Foley & Geiser, attorneys; George J. Kenny, of counsel).

Lois J. Gregory, Deputy Attorney General, argued the cause for respondent Commissioner of Labor & Industry as custodian of the Second Injury Fund (John J. Degnan, Attorney General, attorney; Michael R. Cole, Assistant Attorney General, of counsel).

Before Judges ALLCORN, KOLE and PRESSLER.

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

This is a workers' compensation case implicating questions of Second Injury Fund liability.

Petitioner Frank Lewicki was found by the judge of workers' compensation to be totally and permanently disabled as the combined result of the consequences of an industrial accident, an occupational pulmonary disease and a preexisting hypertensive condition. It was the judge's further finding that 10% of total...

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