Evans v. Lenox, Inc.
Evans v. Lenox, Inc.
Opinion of the Court
Petitioner was awarded a judgment in the Workmen’s Compensation Division. It was affirmed by the Atlantic County Court, pursuant to a letter opinion by Judge Horn, dated November 30, 1971. The employer, appeals from that judgment.
The issue to be resolved was whether or not plaintiff’s work effort contributed in a material degree, either as a precipitating cause or by way of aggravation, to the onset of a stroke suffered by petitioner.
On appeal before this court we are not required to undertake an independent review and evaluation of the evidence. Rather our function is to determine whether the findings made could reasonably have been reached on sufficient credible evidence present in the record. Close v. Kordulak Bros., 44 N. J. 589 (1965); Jackson v. Concord Co., 54 N. J. 113, 117 (1969). In this case, petitioner’s treating
Defendant’s expert, upon cross-examination, admitted that he could not say “that there is any more of a finding [sic] of no causal relationship than there is a finding that there is a causal relationship.”
Under the standards of review set forth, we find that there is sufficient credible evidence in the whole record to justify the conclusion below.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.