ROBERT BENDER VS. TOWNSHIP OF NORTH BERGEN(DIVISION OF WORKERS' COMPENSATION), A-1988-15T4

Robert Bender, a retired North Bergen police lieutenant, filed a workers' compensation petition in 2007 asserting psychiatric, orthopedic, and internal work-related injuries; respondent Township raised statute-of-limitations defenses.
Petitioner retired in 2004 and testified he experienced psychiatric symptoms from traumatic exposures beginning by 2002, saw department physician McKinney and psychiatrist Dr. Rudelli, but did not file a claim until 2007.
Petitioner described post-retirement orthopedic treatment for knee, shoulder, and neck problems and alleged some orthopedic injuries were insidiously progressive and did not manifest until within two years of filing.
The WC judge dismissed the petition as time-barred under the two-year statute for occupational claims, finding petitioner knew the nature and work relation of his psychiatric disability by 2002.
The Appellate Division affirmed dismissal of the psychiatric claim but remanded for clearer, particularized findings on the orthopedic claims’ timeliness and compensability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the psychiatric claim was barred by the 2-year statute for occupational disease	Bender: did not know condition was compensable until 2007; treatment alone does not trigger limitation	Township: Bender knew by 2002 given symptoms, treatment, and prior WC experience	Affirmed: Judge reasonably found Bender knew nature and work relation by 2002 and failed to file timely
Whether referral/treatment (Sheffield doctrine) tolled limitations	Bender: referral by police surgeon to Dr. Rudelli and ongoing treatment tolled limitations	Township: prior WC filings and knowledge defeat tolling and Bender had notice of filing requirements	Rejected as dispositive for tolling psychiatry claim; judge’s credibility finding controls
Whether appellate court should reweigh credibility/findings	Bender: trial judge erred in evaluating facts; appellate review should reassess	Township: judge’s factual/credibility findings entitled to deference	Affirmed deference: credibility issues appropriate for WC judge; no basis to overturn
Whether orthopedic claims were timely/adequately addressed	Bender: some orthopedic injuries were latent/insidiously progressive and filed within two years of manifestation	Township: argued facts undisputed and claims barred	Remanded: appellate court could not determine on record whether orthopedic claims were barred; ordered particularized findings on timeliness/compensability

Earl v. Johnson & Johnson, 158 N.J. 155 (knowledge of nature and work relation triggers occupational-disease statute of limitations)
Brunell v. Wildwood Crest Police Dep't, 176 N.J. 225 (latent or insidiously progressive injuries delay start of limitation period)
In re Vey, 124 N.J. 534 (administrative decisions must include clear, articulated findings to permit review)
Lindquist v. Jersey City Fire Dep't, 175 N.J. 244 (standard of appellate review for factual findings and credibility)
Kristiansen v. Morgan, 153 N.J. 298 (Division of Workers' Compensation has primary jurisdiction over compensability)
Lombardo v. Revlon, Inc., 328 N.J. Super. 484 (appellate court should not substitute its factfinding for agency unless findings are unsupported)