• Occupational Claims Properly Dismissed Due to Failure to Establish that Disability Was Due in a Material Degree to Conditions at Work that were Characteristic of or Peculiar to Employment.
  • January 24, 2017 | Author: Dario J. Badalamenti
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Roseland Office
  • The judge of compensation dismissed with prejudice the petitioner’s claims against the three defendant employers, finding that the petitioner failed to meet “her burden of establishing that her disability was due in a material degree to conditions at work that were characteristic of, or peculiar to her occupation.” In affirming this dismissal, the Appellate Division relied on an analysis of N.J.S.A. 34:15-31(a), finding that the petitioner failed to meet her burden of establishing causation in this matter. The judge of compensation characterized the attempts of the petitioner’s expert to relate the petitioner’s disability to her work activity with the respondents as being problematic. Rather, the judge found the defendants’ expert to be significantly more credible and compelling on the issue.