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TAYLOR BY TAYLOR v. ENGELHARD INDUSTRIES

230 N.J. Super. 245 (1989)

553 A.2d 361

SOLOMON TAYLOR, DECEASED, BY HIS WIDOW AND DEPENDENT, ANNIE TAYLOR, PETITIONER-APPELLANT, v. ENGELHARD INDUSTRIES, RESPONDENT-RESPONDENT. ANNIE LIZZIE TAYLOR, PETITIONER-APPELLANT, v. ENGELHARD INDUSTRIES, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1989.

Attorney(s) appearing for the Case

Marc J. Gordon, argued the cause for appellants (Margolis & Gordon, attorneys, Mark A. Nulman, on the brief).

Carol M. Romano, argued the cause for respondent (Connell, Foley & Geiser, attorneys, George J. Kenny of counsel; Carol M. Romano, on the brief).

Before Judges J.H. COLEMAN and D'ANNUNZIO.

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

In this workers' compensation appeal, the significant issue raised is whether a worker who has been adjudicated totally and permanently disabled and found to be entitled to benefits from the Second Injury Fund (Fund) is entitled to an award increasing the percentage of disability payable by the employer. We hold that unless there has been additional employment and another accident or occupational exposure...

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