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PISCOPO v. LEMI EXCAVATING CO.

215 N.J. Super. 149 (1986)

521 A.2d 846

ANTHONY PISCOPO, JR., PETITIONER-APPELLANT, v. LEMI EXCAVATING COMPANY, RESPONDENT-RESPONDENT, v. STATE OF NEW JERSEY, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1986.

Attorney(s) appearing for the Case

Drazin and Warshaw, attorneys for appellant (Wendie L. Elovich on the brief).

Michals, Wahl, Silver & Leitner, attorneys for respondent Lemi Excavating Company (Sheldon Schiffman on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent State of New Jersey (Michael R. Clancy, Deputy Attorney General, of counsel and Michael O'Brien, Deputy Attorney General, on the brief).

Before Judges ANTELL, LONG and D'ANNUNZIO.

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

In this Workers' Compensation action petitioner is the 29 year old son of the deceased employee who died as the result of a compensable accident. The judge of compensation found that petitioner was dependent on his father within the meaning of N.J.S.A. 34:15-13 but denied compensation benefits because the statute provides that in computing compensation for dependents, "except husband, wife, parents...

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