Wehrle v. American Can Co.

The opinion of the court was delivered by

ARNOLD M. STEIN, J.A.D.

We review this matter on remand from the Supreme Court.

In 1974 Russell A. Wehrle was adjudicated totally and permanently disabled as a result of a work-connected pulmonary condition combined with other pre-existing conditions and disabilities. Allocation of this disability was fixed at 85% for American Can and 15% for the Second Injury Fund.

American Can made total disability payments to Wehrle for the required 382V2 weeks. The Fund continued payments until Wehrle’s death on April 16, 1982.

*384Petitioner, Wehrle’s widow, then filed…