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, 2017Background
- 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)
