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DELESKY v. TASTY BAKING CO.

175 N.J. Super. 513 (1980)

420 A.2d 1022

ALBERT DELESKY, PETITIONER-APPELLANT, v. TASTY BAKING CO. AND THE COMMISSIONER OF LABOR & INDUSTRY, AS CUSTODIAN FOR THE SECOND INJURY FUND, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1980.

Attorney(s) appearing for the Case

William H. Covert argued the cause for appellant (Kapelsohn, Lerner, Reitman & Maisel, attorneys; William H. Covert, on the brief).

Sheldon Schiffman argued the cause for respondent Tasty Baking Co. (Fred S. Brause Jr., attorney; Sheldon Schiffman on the brief).

Allan L. Lockspeiser, Deputy Attorney General, argued the cause for respondent Commissioner of Labor & Industry (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel; Robert J. Haws, Deputy Attorney General, on the brief).

Before Judges BOTTER, KING and McELROY.

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

This is a workers' compensation case. Petitioner-appellant is totally disabled. This fact is not disputed. While he is the appellant the real dispute is between his employer, Tasty Baking Co. (Tasty) and the Second Injury Fund (Fund) as to liability to petitioner for payment of compensation beyond the 450-week base period. N.J.S.A. 34:15-12(b); N.J.S.A. 34:15-95.

Petitioner was in Tasty...

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