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Updegrove v. Peerless Tube Co.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 2, 2008

RICHARD UPDEGROVE (WIDOWER), PETITIONER-RESPONDENT,
v.
PEERLESS TUBE COMPANY, RESPONDENT-APPELLANT.

On appeal from Department of Labor and Workforce Development, Division of Workers' Compensation, Case No. 2003-25.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 30, 2007

Remanded by Supreme Court June 24, 2008.

Resubmitted July 18, 2008

Decided November 15, 2007

Before Judges Coburn, Fuentes and Grall.

Our prior decision in this case has been remanded by the Supreme Court. We now reverse and remand to the Division of Workers' Compensation for recalculation of benefits in accordance with Cruz v. Cent. Jersey Landscaping, Inc., 195 N.J. 33 (2008).

20080802

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