De Angelo v. Alsan Masons, Inc.
| Decision Date | 12 January 1973 |
| Citation | 122 N.J.Super. 88,299 A.2d 90 |
| Parties | John F. DE ANGELO, Plaintiff-Respondent, v. ALSAN MASONS, INC., Defendant-Appellant. |
| Court | New Jersey Superior Court — Appellate Division |
Carton, Nary, Witt & Arvanitis, Asbury Park, for appellant (James D. Carton, III, Asbury Park, on the brief).
Norton & Kalac, Middletown, for respondent (Peter P. Kalac, Middletown, on the brief).
Before Judges COLLESTER, LEONARD and HALPERN.
The Division of Workmem's Compensation determined that petitioner, an employee of the appellant, suffered a myocardial infarction which was causally related to his work effort, and awarded him temporary and permanent disability benefits. The thrust of appellant's argument is that the Division's findings were against the weight of evidence in that (a) petitioner's illness was not compensable because it was related solely to everyday emotional stress, and (b) the opinion given on causal relationship by petitioner's medical expert was 'a net opinion based on complete speculation.'
The scope of our appellate review limits us to a determination of whether the findings of the judge of compensation could reasonably have been reached on sufficient credible evidence present in the whole record, after giving due weight to his expertise in the field and his opportunity of hearing and seeing the witnesses. jackson v. concorD co., 54 N.J. 113, 117--118, 253 A.2d 793 (1969); Close v. Kordulak Bros., 44 N.J. 589, 599, 210 A.2d 753 (1965). This is the same test utilized prior to March 2, 1972, from which date appeals from the Workmen's Compensation Division come directly to us under N.J.S.A. 34:15--66. To effectuate and implement the statute, R. 2:2--3(a) was amended, effective September 5, 1972, abolishing De novo appeals to the County Courts.
In reaching this conclusion, we take judicial note of the fact that hearings before the Division are adversary in nature; are presided over and tried by a judge who must now be an attorney-at-law of New Jersey (N.J.S.A. 34: 1A--12.1 and N.J.S.A. 34:15--49), and that the judge is required to file a copy of his determination and award (N.J.S.A. 34:15--58). Under such circumstances, the judge of compensation's determination, when reviewed on appeal, is equivalent to a trial by a judge without a jury. Abeles v. Adams Engineering Co., Inc., 35 N.J. 411, 423--424, 173 A.2d 246 (1961); State v. Macuk, 57 N.J. 1, 268 A.2d 1 (1970). Additionally, the same...
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...judge's] expertise in the field and [his or her] opportunity of hearing and seeing the witnesses." De Angelo v. Alsan Masons, Inc., 122 N.J. Super. 88, 89-90, 299 A.2d 90 (App. Div. 1973) (citing Jackson v. Concord Co., 54 N.J. 113, 117-18, 253 A.2d 793 (1969) ; Close v. Kordulak Bros., 44 ......
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...in the field of the Judge of Compensation and his opportunity of hearing and seeing the witnesses. De Angelo v. Alsan Masons, Inc., 122 N.J.Super. 88, 89, 299 A.2d 90 (App.Div.), aff'd o.b., 62 N.J. 581, 303 A.2d 883 (1973). Our own review of the record leads us to conclude that application......
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Livingstone v. Abraham & Straus, Inc.
...397 A.2d 323 (1979). See also Close v. Kordulak Bros., 44 N.J. 589, 598-599, 210 A.2d 753 (1965); De Angelo v. Alsan Masons, Inc., 122 N.J.Super. 88, 89-90, 299 A.2d 90 (App.Div.1973), aff'd o.b. 62 N.J. 581, 303 A.2d 883 (1973). I find no sound basis or justification for disturbing them. R......
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