Division Reserved Decisions

Allen v. A & P
05-13683 decided September 30, 2009 by the Honorable Diana Ferriero, J.W.C
Respondent conceded that the petitioner was totally and permanently disabled, so the issue here was whether there was Second Injury Fund liability due to the petitioner's pre-existing war injuries. The judge concluded that, even though there was objective medical evidence of prior functional loss, there could be no Fund liability in the absence of proof that this loss caused a material lessening in the petitioner's ability to work or to carry on the ordinary pursuits of life. 

Ricciardo v. Stroehmann/Maiers Bakery
01-7310 decided on April 15, 2005 by the Honorable Renée C. Ricciardelli, J.W.C.
Petitioner suffered a work-related back injury for which he underwent three surgeries.  Afterward, petitioner claimed he was totally and permanently disabled.  Respondent challenged petitioner’s claim of total disability and further alleged that, if petitioner was totally and permanently disabled, the Second Injury Fund was partly liable for compensating the petitioner because the disability was due in part to a disability that pre-existed the work injury.  After reviewing the evidence, the Judge of Compensation found that: (1) the petitioner was indeed totally and permanently disabled, and (2) the Second Injury Fund had no liability because the respondent failed to prove the alleged pre-existing disability.  

Rosales v. State of New Jersey
99-7099; decided April 13, 2005 by the Honorable Richard E. Hickey, III, J.W.C. 
In accordance with the opinion of the Appellate Division entered on November, 8, 2004, the judge calculated the offset against workers’ compensation benefits that the State of New Jersey can receive based on the ordinary disability benefits it pays the petitioner.  The judge applied the provisions of N.J.S.A. 43:15A-25.1, which sets forth specific provisions for determining the portion of the disability pension that can be offset against the workers’ compensation award. The judge also held that the Second Injury Fund can receive an offset based on either N.J.S.A. 34:15-40 or the ordinary disability pension payments made to the petitioner.     

Florke vs. Visiting Homemaker’s Service of Ocean County
93-59367, decided July 16, 2002 by the Honorable Lawrence G. Moncher, J.W.C.
While the respondent agreed that petitioner was totally and permanently disabled, it contended that petitioner’s obesity was a pre-existing disability for which the Second Injury Fund should be held responsible. The judge of compensation denied Fund liability finding that the petitioner’s weight condition was not a disabling factor prior to the last compensable accident.

Brady v. Robert Wood Johnson Hospital
90-50347, decided February 7, 2000 by the Honorable Philip Bolstein, J.W.C.
Petitioner suffered a compensable injury which the workers’ compensation judge found to be the cause of her total disability.  A later at-home accident was considered by the judge to be only an innocent aggravation of her condition.  Pre-existing diabetes was not held to be a disabling condition for Second Injury Fund liability.  

Gorrell v. Huls America Inc. & Tot Spot @ RWJ Hospital
92-34929, 98-2052, decided November 19, 1999 by the Honorable Phillip Bolstein, J.W.C.
In a claim against multiple employers, the judge of compensation found total disability as against an earlier employer and dismissed claims against a subsequent employer and the Second Injury Fund.  The judge found no evidence of a new occupational trauma involving the subsequent employer.