In an unpublished decision, the NJ Appellate Division upheld the dismissal of a workers' compensation claim for the repair of a ruptured breast implant.
Showing posts with label credibility. Show all posts
Showing posts with label credibility. Show all posts
Wednesday, June 26, 2024
Thursday, January 18, 2018
Credibility is Essential Where Superseding Intervening Events Exist - Unpublished Opinion
Credible evidence is essential in the proof of a workers’ compensation case. To prove a case at trial the parties must offer credible evidence to the trier of the facts, especially where there appears to be a laundry list of intervening and superseding events since the time of the accident at work.
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An unpublished opinion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
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An unpublished opinion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
Thursday, July 11, 2013
Alleged Claim of Assault by Employer Results in a Dismissal
A car salesman, who alleged that his employer punched him in the ear, was denied workers' compensation benefits. The claimant, who presented a claim for total permanent disability, was unsuccessful, after the trial judge found the worker just not credible.
The judge, Ronald Allen, NJ Judge of Compensation, based his dismissal on the evidence, after the
employer testified that the accident never occurred the worker never filed a criminal complaint against the employer, and the the employee did not seek immediate medical treatment.
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.
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.
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