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CANDICE LINZMAYER VS. KEYPORT BOARD OF EDUCATION(NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, DIVISION OF WORKERS' COMPENSATION)
A-3315-15T2
| N.J. Super. Ct. App. Div. | Sep 29, 2017
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Background

  • Petitioner Candice Linzmayer, a high-school math teacher, alleged a student assaulted her in the girls’ locker room on January 14, 2011, causing physical (neck/back/contusions) and psychological injuries (anxiety/PTSD).
  • Petitioner reported the incident to school administrators and police; the student was suspended ten days. Petitioner did not seek workers’ compensation treatment until filing claims in April 2012.
  • At trial before a Workers’ Compensation judge, petitioner presented lay witnesses (teacher-union officials) and two medical experts (orthopedics and psychiatry) supporting work-related physical and psychiatric injuries and need for treatment.
  • Employer (Keyport Board of Education) acknowledged the incident but disputed injury causation; it presented the principal and vice-principal (who observed no injuries) and two medical experts who found no work-related need for ongoing treatment.
  • The compensation judge found petitioner and her experts not credible, credited the employer’s experts, and concluded petitioner’s conditions were not caused by the January 2011 incident; he denied medical and temporary disability benefits.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether denial of medical treatment was against the weight of the evidence Linzmayer: Judge misweighed conflicting expert testimony; her experts showed work-related injuries and need for treatment Employer: Court properly credited its experts who examined petitioner, reviewed records, and found no causal link Affirmed — trial judge’s credibility determinations and expert-choice supported by competent evidence
Whether principal’s testimony was improper because he was not present at the incident Linzmayer: Principal lacked firsthand knowledge; relying on his testimony was error Employer: Principal testified to petitioner’s report; that falls within party-opponent hearsay exception Affirmed — principal’s testimony admissible as party-opponent hearsay and properly considered

Key Cases Cited

  • Lindquist v. City of Jersey City Fire Dept., 175 N.J. 244 (2003) (standard of appellate review of Workers’ Compensation factual findings)
  • Close v. Kordulak Bros., 44 N.J. 589 (1965) (credibility deference to factfinder)
  • Bellino v. Verizon Wireless, 435 N.J. Super. 85 (App. Div. 2014) (deference to compensation judge’s weighing of medical evidence)
  • Ramos v. M&F Fashions, Inc., 154 N.J. 583 (1998) (judge’s role in evaluating expert testimony)
  • Perez v. Monmouth Cablevision, 278 N.J. Super. 275 (App. Div. 1994) (standard for disturbing factual findings)
  • Smith v. John L. Montgomery Nursing Home, 327 N.J. Super. 575 (App. Div. 2000) (appellate reluctance to reverse based on choice between competing medical opinions)
  • Kaneh v. Sunshine Biscuits, 321 N.J. Super. 507 (App. Div. 1999) (factfinder not bound by conclusory opinions of medical experts)
Read the full case

Case Details

Case Name: CANDICE LINZMAYER VS. KEYPORT BOARD OF EDUCATION(NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, DIVISION OF WORKERS' COMPENSATION)
Court Name: New Jersey Superior Court Appellate Division
Date Published: Sep 29, 2017
Docket Number: A-3315-15T2
Court Abbreviation: N.J. Super. Ct. App. Div.