Vogel v. Red Star Express Lines
This text of 190 A.2d 666 (Vogel v. Red Star Express Lines) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
Related
Cite This Page — Counsel Stack
190 A.2d 666, 40 N.J. 44, 1963 N.J. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogel-v-red-star-express-lines-nj-1963.