BOBBIE KEHOE vs. ULTRALUM ENTERPRISES, INC. | Workers Compensation Appeal

In the recent appellate division case of Kehoe v. Ultralum the court outlined its limited ability to review and or overturn the workers compensation trial court’s decisions.

“Our review of decisions made by a Judge of Compensation is limited. We must determine ‘whether the findings made could reasonably have been reached on sufficient credible evidence present in the record, considering the proofs as a whole, with due regard to the opportunity of the one who heard the witnesses to judge of their credibility.'”

Lindquist v. City of Jersey City Fire Dept., 175 N.J. 244, 262 (2003)

(Quoting Close v. Kordulak Bros., 44 N.J. 589, 599 (1965)). We will reverse an administrative agency decision only if “it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as a whole.” In the Matter of Taylor, 158 N.J. 644, 657 (1999) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 581 (1980)).

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