August 2, 2008
RICHARD UPDEGROVE (WIDOWER), PETITIONER-RESPONDENT,
PEERLESS TUBE COMPANY, RESPONDENT-APPELLANT.
On appeal from Department of Labor and Workforce Development, Division of Workers' Compensation, Case No. 2003-25.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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).
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