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Brooks v. Dockside Seafood12/2/1999
held to have been aware, of the full impact and significance of pain that forced her to leave work in November 1994. Because her original petition for benefits was filed on October 7, 1996, only four months after the diagnoses by Doctors Green and Humbyrd, and less than two years after Brooks actually left work, the petition was timely as a matter of law. Accordingly we conclude that in denying and dismissing Brooks's petition, the Appellate Division was clearly wrong.
For the foregoing reasons the petition for certiorari is granted, the decree of the Appellate Division relating to Brooks's original petition is quashed, and the papers in this case are remanded to the Workers' Compensation Court for entry of a decree granting benefits consistent with this opinion.
TITLE OF CASE: Irene Brooks v. Dockside Seafood
DOCKET NO.: 98-311 - M.P.
COURT: Supreme Court
DATE OPINION FILED: December 2, 1999
Appeal from SOURCE OF APPEAL: Workers' Compensation Court
JUDGE FROM OTHER COURT: Healy, J.
JUSTICES: Weisberger, C.J., Lederberg, Bourcier Concurring Flanders, Goldberg, JJ.
WRITTEN BY: GOLDBERG, J.
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