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Vogel v. Red Star Express Lines

New Jersey Supreme Court


Decided: May 6, 1963.

CHARLES VOGEL, PETITIONER-RESPONDENT,
v.
RED STAR EXPRESS LINES, RESPONDENT-APPELLANT

For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman. For reversal -- None.

Per Curiam

[40 NJ Page 45]

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.

19630506


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