Piscopo v. Lemi Excavating Co.

The opinion of the court was delivered by,

ANTELL, P.J.A.D.

In this Workers’ Compensation action petitioner is the 29 year old son of the deceased employee who died as the result of a compensable accident. The judge of compensation found that petitioner was dependent on his father within the meaning of N.J.S.A. 34:15-13 but denied compensation benefits because the statute provides that in computing compensation for dependents, “except husband, wife, parents and stepparents, only those under 18 or over 40 years of age shall be included____” N.J.S.A. 34:15-13 i. On this appeal petitioner argues…