Decisions of a Workers’ Compensation Judge are appealable directly to the New Jersey Appellate Court. An appeal of the Workers’ Compensation Judge’s opinion must be made within 45 days of the entry of the final order. How does the appeals court rule where there was a disagreement between the doctors who testified in the workers’ compensation case?
The Scope of Review.
The scope of review by the Appellate Division is “the same as that on appeal in any non-jury case, that is, 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.” Close v. Kordulak Bros., 44 N.J. 589, 599 (1965), quoting State v. Johnson, 42 N.J. 146, 162 (1964).
Thus, the findings of fact made by a judge of compensation “are entitled to substantial deference.” Ramos v. M & F Fashions, Inc., 154 N.J. 583, 294 (1998). But how does the appeals court review cases where there was a significant split – a disagreement – between the doctors who testified in the workers’ compensation case? How does the Appellate Division review a case where the Trial Judge agrees with one side’s doctors over the other? Continue reading Explainer: Appeals of New Jersey Workers’ Compensation Decisions