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McALLISTER v. RESORTS INTERN. HOT. & CASINO

299 N.J. Super. 199 (1997)

JOHN C. McALLISTER, PETITIONER-APPELLANT, v. RESORTS INTERNATIONAL HOTEL & CASINO, AND THE SECOND INJURY FUND, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1997.

Attorney(s) appearing for the Case

Howard J. Heald argued the cause for appellant (Goldenberg, Mackler & Sayegh, attorneys for appellant; Mr. Heald, on the brief).

Ivan Novich argued the cause for respondent Resorts International Hotel & Casino (Francis T. Giuliano, on the brief).

Cheryl B. Kline, Deputy Attorney General, argued the cause for respondent Second Injury Fund (Peter Verniero, Attorney General, attorney for respondent; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Kline, on the brief).

Before Judges PRESSLER, STERN and HUMPHREYS.

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

A previous workers' compensation award to petitioner was reduced by the amount of Social Security benefits being paid on behalf of his children to their mother. Petitioner appeals the reduction. He concedes that if the Social Security payments were being made to his children at the time of the initial award, then a reduction is proper. He contends, however, that the reduction should not be made because the...

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