eNotes: Workers’ Compensation – October 2023 – New Jersey

SIGNIFICANT CASE SUMMARIES

New Jersey Case Summary

Sykes v. George Harms Constr. Co.
New Jersey Superior Court
No. A-3320-20, 2023 N.J. Super. Unpub. LEXIS 1594

Employer fact witnesses or video evidence are essential to the success of the idiopathic defense.

Background

The petitioner lost consciousness while operating an excavator. The petitioner believed that while he was removing asphalt, a piece of the asphalt broke loose, causing the excavator to balk. The petitioner testified that he must have hit his head, because the next memory he had was speaking to a doctor. The respondent presented employer fact witness testimony that there was no jerking movement of the excavator. Rather, the petitioner passed out without striking his head. The employer further presented additional evidence that it was unlikely the petitioner’s head was able to reach anything in the cab of the excavator, and therefore, striking his head was extremely unlikely.

Holding

The judge denied the claim, and found that the petitioner passing out was an idiopathic response that was not caused in any way by the petitioner’s work. Further, the petitioner did not present any evidence of a physical injury that occurred after he passed out associated with his operation of the machinery. The petitioner appealed, and the Appellate Division affirmed.

Takeaway

The idiopathic defense places the burden on the employer to show that the injury occurred from a risk that is totally personal to the injured worker and has no causal connection to the employment. Therefore, employer fact witnesses or video evidence are essential to the success of this defense. It is noted here that this case does not change the longstanding case law that injuries sustained after an idiopathic event, such as a head contusion or orthopedic injuries sustained after a fall cause by a fainting spell, are indeed compensable.

Questions about this case can be directed to Caroline Gentilcore at (267) 861-7596 or cgentilcore@tthlaw.com.