How to handle a Workers Compensation trial in New Jersey
Submitted by Workers Compensation Lawyer, Jeffrey Hark, Cherry Hill, NJ
James Quilles v. Warren County Unreported/non-precedential New Jersey Appellate Division February 13, 2019
Today I am writing a blog about this case is about how to properly prepare a witness and adequately present evidence at the time of the trial which the Worker’s Compensation Judge is able to rely upon when making an ultimate decision under New Jersey’s liberally construed Worker’s Compensation statute.
In this case the petitioner was injured in the course of her employment in March 2014 while climbing a set of stairs as a county corrections officer. He adequately informed this superior Vic his injury however there was questions regarding how and when he initially attempted to obtain treatment. The Worker’s Compensation carrier for the county denied that his injury was close are you related and proceeded to fight the case at every step including hiring an investigator to observe the petitioner I am video his actions and movements.
Initially there was a motion for temporary disability benefits firewood and then a full trial on all issues. A review of the fax bright up my ID trial judge reflects a well prepared witness who the trial judge/Worker’s Compensation Judge found to be credible believable and consistent in his testimony. This was a hard-fought case and it is apparent that the plaintiff was properly prepared and ready each and every time he testified. The doctor also testified at the motion for medical and pepper disability benefits and his testimony was well prepared and consistent with the petitioners testimony as well.
This case also outlined the appellate division limited review of the Worker’s Compensation Court decision. Remember the standard of review is that the appellate division is not allowed to substitute its own judgment I make its own finding a fax for the Worker’s Compensation Judge at the time of trial. This is because of the long-standing Prince a bowl that the trial judge is able to look at and gauge the witnesses testimony, determine truthfulness and consistency, and make credibility findings in his ultimate roadway and findings of fact
The appellate division is required to affirm the trial judges decision so long as the trial judges decision is rationally connected to the law and the facts of the case. So long as that takes place division is not in a position to second-guess the trial judge’s decision. This case squarely reflect the application of the Appellate Division standard of review for a Worker’s Compensation judges decision which is routed and based in the findings of the Worker’s Compensation Judge and the law.
If you have any questions regarding your Worker’s Compensation case in any county in New Jersey, including Atlantic county, Camden county, Mercer County, Burlington county, Salem County, Glouster County, Cumberland County, Ocean County, please feel free to call Jeffrey Hark at Hark and Hark in Cherry Hill.
We have been handling Worker’s Compensation cases in New Jersey for the last 20 years in all of the Worker’s Compensation Court. We can help you with your Worker’s Compensation matter and provide you the customer service needed to in sure you obtain the best possible results.