Search Rutgers Law Library N.J. Court Opinions

16 ELLIOTT KOMINSKY - v. KOMINSKY & COMPANY -- rank: 661

... to -128 (the WCA), and from the Second Injury Fund, N.J.S.A. 34:15-95 (the Fund). Petitioner contends that the Workers' Compensation judge erred ... previously been permanently and partially disabled from some other cause." N.J.S.A. 34:15-95. "It is settled that in order for liability of the ...

docket:	a2535-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	unpublished
citation:
Document Size:	42490

17 PATRICIA MORELLA v. GRAND UNION/NEW JERSEY SELF-INSURERS GUARANTY ASSOCIATION -- rank: 651

... amended petition to join the Second Injury Fund, pursuant to N.J.S.A. 34:15-95. After commencement of trial, petitioner and Grand Union entered into ...

docket:	A0056-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-21
status:	published
citation:
Document Size:	44182

18 GARRY QUICK v. DISCOUNT OIL COMPANY -- rank: 638

... the purpose of providing moneys to the Second Injury Fund. N.J.S.A. 34:15-95 provides in pertinent part that compensation payments shall be made ... other cause," as required to trigger Fund liability pursuant to N.J.S.A. 34:15-95 at the time that he was hired by Discount Oil ...

docket:	a3489-06
court:	njappellate
decided:	2008-06-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	56482

19 DAVID S. MCLAUGHLIN v. ACTIVE DISPOSAL SERVICE, INC -- rank: 616

... the purpose of providing moneys to the Second Injury Fund. N.J.S.A. 34:15-95 provides in pertinent part that compensation payments shall be made ... of proving an entitlement to Second Injury Fund benefits under N.J.S.A. 34:15-95. Lewicki , supra , 88 N.J. at 84. Our review of ...

docket:	a4095-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	unpublished
citation:
Document Size:	23877

20 JAMES BARACIA v. BOARD OF TRUSTEES OF THE STATE POLICE RETIREMENT SYSTEM - -- rank: 610

... contribution constitutes compensation payment against which it is entitled under, N.J.S.A. 34:15-95.5, to offset the employee's federal social security disability ... or is the counsel-fee payment 'compensation benefit' pursuant to N.J.S.A. 34:15-95.5." Ibid. So too here. We are persuaded that the ...

docket:	a3611-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-13
status:	published
citation:	420 N.J. Super. 1 18 A.3d 220
Document Size:	20900

21 JOHN C. MCALLISTER VS RESORTS INTERNATIONAL HOTEL & CASINO, ET AL -- rank: 587

... Injury Fund would be entitled to an offset pursuant to N.J.S.A. 34:15-95.5 based upon petitioner's receipt of Social Security disability ... State statutes, see 42 U.S.C. §424a (a)(7); N.J.S.A. 34:15-95.5, federal regulations, see 20 C.F.R. § 404.408 ... benefits a claimant receives as New Jersey does pursuant to N.J.S.A. 34:15-95.5).     The above statutes and authorities clearly establish that workers ...

docket:	a6851-94
court:	njappellate
decided:	1997-03-31
status:	published
citation:	299 N.J.Super. 199
Document Size:	11583

22 MICHAEL COLLINS - v. P.I.E. NATIONWIDE/NEW JERSEY SELF-INSURERS GUARANTY ASSOCIATION - -- rank: 562

... filed a verified petition to join the Second Injury Fund, N.J.S.A. 34:15-95. In November 2009, the Association filed a motion to dismiss ...

docket:	a0571-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	22114

23 LOIS SCAFURI - v. SISLEY COSMETICS, USA INC -- rank: 549

... the judge found the Second Injury Fund is not liable. N.J.S.A. 34:15-95. Petitioner appeals. II. We must hew to our standard of ...

docket:	a2065-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	27153

24 RICHARD FORKER v. CIRCUIT FOIL, USA, INC. -- rank: 539

... percent contribution by respondent, the Second Injury Fund (the Fund). N.J.S.A. 34:15-95. Circuit Foil and the Fund argue that petitioner failed to ...

docket:	a2462-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-26
status:	unpublished
citation:
Document Size:	52260

25 SHARON JOHNSON - v. SABRETTS FOOD -- rank: 536

... application for benefits from the Second Injury Fund (the Fund). N.J.S.A. 34:15-95. Petitioner contends that the judge "failed to make proper findings ...

docket:	a4872-06
court:	njappellate
decided:	2008-12-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47976

26 CHRISTOPHER R. BRAND SR v. NEW JERSEY MANUFACTURERS INSURANCE CO. -- rank: 533

... dismissed petitioner's claim against the Second Injury Fund (SIF), N.J.S.A. 34:15-95 to -95.5. We affirm. On appeal, NJM contends the ... petitioner's claim against the SIF must be dismissed. See N.J.S.A. 34:15-95(c) (providing that no person shall be eligible to receive ...

docket:	a4131-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	17072

27 KEVIN DURNIEN v. UNITED PARCEL SERVICE -- rank: 523

... filed a claim against the Second Injury Fund pursuant to N.J.S.A. 34:15-95.1, claiming total and permanent disability as the result of ... previously been permanently and partially disabled from some other cause[.]" N.J.S.A. 34:15-95. The purpose of the Second Injury Fund is "to encourage ... reason of progressive physical deterioration or preexisting condition or disease." N.J.S.A. 34:15-95(d). It is not disputed that Durnien's Parkinson's ...

docket:	a5857-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	18010

28 LAWRENCE BROWN, v. MONMOUTH CROSSING/CENTRA STATE -- rank: 514

... the Fund is liable. The Fund is established by statute, N.J.S.A. 34:15-95, which provides, in part, that compensation payments in accordance with ... impose fund liability). Thus, Fund liability has not been established. N.J.S.A. 34:15-95 provides, in part, that payments shall be made to persons ...

docket:	A2900-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-20
status:	unpublished
citation:
Document Size:	59504

29 Patricia Morella v. Grand Union Company -- rank: 511

... amended petition to join the Second Injury Fund, pursuant to N.J.S.A. 34:15-95. After commencement of trial, Morella and Grand Union entered into ...

docket:	a-10-07
court:
decided:	2008-01-30
status:
citation:	193 N.J. 309
Document Size:	22164

30 JAMES ALLEN - v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY -- rank: 498

... statutory criteria for imposing Fund liability are set forth in N.J.S.A. 34:15-95 which provides in pertinent part: The sums collected under [ 95 ...

docket:	a1333-09
court:	superior court appellate division
decided:	2010-12-21
status:	unpublished
citation:
Document Size:	23836