Fagan v. City of Atlantic City

The opinion of the court was delivered by

KING, J.A.D.

This appeal from the Division of Workers’ Compensation requires us to construe N.J.S.A. 34:15-12 c; L. 1979, c. 283, § 5 effective January 10, 1980.

The claim petition in this matter alleged that Carole Rae Fagan was assaulted during the course of her employment on November 12,1980. The claim petition described the injuries as a “[fjractured nose; concussion; laceration of upper right lip; damage to trigeminal nerve; lapse of memory; broken glasses; damage to gums; anxiety reaction.”

As a result of the assault, petitioner suffered a broken…