Maddox v. TRAA Corp. | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION

Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark

Maddox v. TRAA Corp., App. Div. (per curiam) (7 pp.) In this case the court ordered the employer to pay TDB payments and provide medical treatment for what the court determined after trial was (a) shock exacerbated Maddox’s cervical problem such that surgery was required. The parties dispute only whether the electrical shock caused an exacerbation of Maddox’s cervical condition resulting in the need for surgery. The key to this court’s finding was the same issue we have encountered previously.

The appellate court was not second guessing the trial court.  The panel affirms, finding that: plaintiff’s expert neurologist explained the reasons for his opinion and did not render a net opinion; the JWC’s made findings that that Maddox was credible is supported by the record; and the JWC did not abuse his discretion in not allowing defendant to call a lay witness to testify that Maddox did not use a cane around town since, where defendant did not dispute the severity of Maddox’s condition or his need for surgery, the frequency of his use of a cane was of no moment.

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