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ZABITA v. CHATHAM SHOP RITE, INC.

208 N.J. Super. 215 (1986)

505 A.2d 194

ROBERT C. ZABITA, PETITIONER-RESPONDENT CROSS-APPELLANT, CROSS-RESPONDENT, v. CHATHAM SHOP RITE, INC., RESPONDENT-RESPONDENT CROSS-APPELLANT, CROSS-RESPONDENT, AND SECOND INJURY FUND, RESPONDENT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1986.

Attorney(s) appearing for the Case

Joseph M. Soriano, Deputy Attorney General, argued the cause for Respondent-Appellant, Cross-Respondent Second Injury Fund (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Joseph M. Soriano, on the brief).

Judith A. Wahrenberger argued the cause for Respondent-Respondent, Cross-Appellant Chatham Shop Rite, Inc. (Connell, Foley & Geiser, attorneys; George J. Kenny, of counsel; Judith A. Wahrenberger, on the brief).

William McGovern, III argued the cause for Petitioner-Respondent, Appellant Robert C. Zabita (McGovern and Roseman, attorneys; Harold T. McGovern, on the brief).

Before Judges SHEBELL and MATTHEWS.

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

The Second Injury Fund appeals the determination of the Division of Workers' Compensation finding petitioner Robert C. Zabita to be totally disabled and eligible for Fund benefits. The Fund contends the record contains no evidence of any pre-existing disabilities and therefore petitioner failed to establish Fund liability under N.J.S.A. 34:15-95. It also alleges error in finding total disability exclusive...

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