Vogel v. Red Star Express Lines
Opinion
The opinion of the court was delivered
The Workmen’s Compensation Division decided that respondent Red Star Express Lines was liable to petitioner Charles Vogel under N. J. S. A. 34:15-12(b) for extended weekly compensation benefits beyond the 450-week period representing the period of required payment for total permanent disability. In doing so it rejected the respondent employer’s contention that under the circumstances of the case the One Per Cent Fund, N. J. S. A. 34:15-94 to 95.2, became responsible for all payments at the end of the 450-week period. The County Court and the Appellate Division affirmed. 73 N. J. Super. 534 {App. Div. 1962). We granted the employer’s application for certification. 38 N. J. 182 (1962).
Our study of the record has led us to conclude the proof is inadequate to demonstrate that the first of petitioner’s two accidents resulted in a percentage of total permanent disability. Accordingly, the statutory basis for holding the One Per Cent Fund does not exist.
The judgment is affirmed.
For affirmance — Chief Justice Wbintraub, and Justices Jacobs, Francis, Proctor, Hall, Scilettino and Hane-MAN-7.
For reversal — None.
Free access — add to your briefcase to read the full text and ask questions with AI
190 A.2d 666 (Vogel v. Red Star Express Lines) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.