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LEVAS v. MIDWAY SHEET METAL

721 A.2d 724 (1998)

Michael LEVAS, Petitioner-Respondent, v. MIDWAY SHEET METAL, Respondent-Appellant, and D & M Sheet Metal, Middlesex Sheet Metal Co., Elmsford/Independent Joint Venture # IV, Allied Ventilation, Inc., Raritan Valley Sheet Metal, Inc., Folander Sheet Metal Co. and the Second Injury Fund, Respondents-Respondents, and Bonland Industries, Inc. and Hayden Schweitzer Corp., Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1998.

Attorney(s) appearing for the Case

Eric S. Lentz for respondent-appellant Midway Sheet Metal (Mr. Lentz, on the brief).

Mark S. Garver for respondent-respondent D & M Sheet Metal (Charles P. Hopkins, Shrewsbury, attorney; Adrienne C. Reim, on the brief).

Francis T. Giuliano, Ramsey, for respondents-respondents Middlesex Sheet Metal, Elmsford/Independent Joint Venture IV, Raritan Valley Sheet Metal and Folander Sheet Metal (Mr. Guiliano attorney; David P. Kendall, on the brief).

David L. Schlosser, Roseland, for respondent-respondent Middlesex Sheet Metal (Robert G. Bressler, attorney; Mr. Schlosser, on the letter brief).

Steven J. Currenti for respondent-respondent Allied Ventilation, Inc. (Frieland & DeSanto, attorneys; Mr. Currenti, on the brief).

Linda Schober, Deputy Attorney General, for respondent-respondent Second Injury Fund (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Schober, on the brief).

Wysoker, Glassner & Weingartner, New Brunswick, for petitioner-respondent Michael Levas (Allan L. Lockspeiser, on the brief).

Before Judges BAIME, CONLEY and A.A. RODRIGUEZ.

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

Michael Levas, the workers' compensation petitioner in the present matter, was a sheet metal worker from 1957 to 1991 during which, the competent evidence reveals, he developed an occupational pulmonary condition from which he was found by the workers' compensation judge to be totally disabled. During this time period, particularly from the early months of 1990 to February of 1991, petitioner was exposed to...

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