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BEYER v. PORTER-HAYDEN

104 N.J. 104 (1986)

515 A.2d 790

CECILIA BEYER, RESPONDENT, v. PORTER-HAYDEN, RESPONDENT. IN THE MATTER OF THE APPLICATION OF CECILIA BEYER TO SECURE BENEFITS FROM THE SPECIAL COMPENSATION FUND PURSUANT TO N.J.S.A. 34:15-95.4.

The Supreme Court of New Jersey.

Decided October 6, 1986.

Attorney(s) appearing for the Case

Lawrence G. Moncher, Deputy Attorney General, argued the cause for appellant Commissioner of Labor as Trustee of the Second Injury Fund (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Robert A. Negran argued the cause for respondent Cecelia Beyer (Levinson, Conover, Axelrod, Wheaton & Grazel, attorneys).

Sheldon Schiffman submitted a letter in lieu of brief on behalf of respondent Porter-Hayden (Fred S. Brause, Jr., attorney).

PER CURIAM.

In this case we are called upon to interpret N.J.S.A. 34:15-95.4 (the Act), which provides for a "special adjustment benefit" (SAB) to supplement the basic workers' compensation benefits received by certain employees or dependents whose basic benefits were set "at a rate applicable prior to January 1, 1980." The Judge of Compensation ruled that the survivor of a worker who was injured in 1972, but died in 1982, was not entitled to a SAB. The Appellate...

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