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Saturday, November 30, 2013

Court Holds a Misstatement Does Not Bar Compensability

Despite the fact that eight injured worker made a misstatement at the time of his testimony, tan Appellate Court affirmed an award for compensability. The court held that the employee's testimony was indeed credible, and supported a claim for Worker's Compensation benefits. The trial court found that the injured worker was easily confused, and was just a poor witness because he was a very unsophisticated, uneducated individual and he had difficulty with questions being presented to him for trial counsel for the employer.

Hernandez v Ebby's Landscapping
2013 WL 6096529 (N.J.Super.A.D.)
Decided November 21, 2013
An unpublished opinion
Rustine Tilton, Esq., attorney for the Appellant-Employer
Richard J. Riordan, Esq (John J. Jasienieck, Esq. on the brief) , attorney for the Respondent-Employee