The judge, Ronald Allen, NJ Judge of Compensation, based his dismissal on the evidence, after the
The employer's medical expert, Dr. Aragona, testified that the employee lacked complaints and the clinical neurological examination was normal.
Furthermore, the Judge found that the petitioner's expert did not take into consideration a serious prior medical condition.
The Appellate Court held that it would not disturb the trial decision as there was insufficient evidence the the trial Judge's credibility determinations were in error.
Schofel v. Route 22 Nissan, NJ App Div A-5924-11T4, Decided July 11, 2013.