eNotes: Workers’ Compensation – February 2024 – New Jersey

SIGNIFICANT CASE SUMMARIES

New Jersey Case Summary

Hughes v. Port Auth. of N.Y. & N.J.
Superior Court of New Jersey, Appellate Division
No. A-1188-22

Decided: January 30, 2024

Appellate Courts will not disturb the well-reasoned findings of a Judge of Workers’ Compensation.

Background

The Petitioner suffered a cardiac injury during the course and scope of his employment. The Petitioner filed a claim alleging a worsening of his cardiac condition and seeking Total Disability. After a lengthy trial which included a thorough review of the medical records, medical testimony and the Petitioner’s testimony, the Court awarded the Petitioner 45 percent of permanent partial disability. The Petitioner appealed, arguing that he successfully proved a worsening of his cardiac condition to the extent that he was entitled to an award of total disability. He further argued that the court should have given more deference to his expert witness and should have ordered the Respondent to pay petitioner’s Medicare lien.

Holding

The Appellate Division affirmed. The Court deferred to the factual findings and legal determinations of the Judge, as they are not permitted to substitute their own findings. The Appellate court did not consider payment of the Medicare lien as the parties failed to raise at trial.

Takeaway

This case is a reminder that issues pertaining to the overall nature and extent of permanent disability are typically within the sole discretion of the Judge of Compensation and the Appellate Division will not substitute their own fact finding or legal conclusions on appeal. The Appellate Division’s review of an award of compensation is typically limited to an incorrect application of statutory or case law. The Appellate Division will also not address issues that are not raised before the underlying trial court.

Questions about this case can be directed to Theresa M. Garvin-Keyser at (856) 334-0437 or tgarvin@tthlaw.com.