CILLA MARCISHEWER v. BOARD OF REVIEW, DEPARTMENT OF LABOR

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2214-05T52214-05T5

CILLA MARCISHEWER,

Petitioner-Appellant,

v.

BOARD OF REVIEW, DEPARTMENT OF LABOR,

Respondent-Respondent.

_____________________________________

 

Submitted September 26, 2006 - Decided October 10, 2006

Before Judges R. B. Coleman and Gilroy.

On appeal from a Final Decision of the Board of Review, Department of Labor, 79,680.

Cilla Marcishewer, appellant pro se.

Anne Milgram, Acting Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Ellen A. Reichart, Deputy Attorney General, on the brief).

PER CURIAM

Claimant, Cilla Marcishewer, appeals from a final decision of the Board of Review (Board) of October 14, 2005, denying her claim for disability benefits. The Board determined that claimant had insufficient earnings in her base year, calendar year 2004, to qualify for disability benefits. N.J.S.A. 43:21-4(e)(4).

On appeal, claimant argues that we should reverse the decision of the Board and determine her eligible for disability benefits because she was involuntarily terminated from employment in August 2002, and continues to suffer "pain and anguish," as a result of undergoing hip surgery on April 29, 2005.

Appellate courts have a limited role in reviewing decisions of an administrative agency. Campbell v. Dep't of Civil Serv., 39 N.J. 556, 562 (1963); State-Operated Sch. Dist. of Newark v. Gaines, 309 N.J. Super. 327, 331 (App. Div.) (citing Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)), certif. denied, 156 N.J. 381 (1998). There should not be an independent assessment of the evidence by the appellate court. In re Taylor, 158 N.J. 644, 656 (1999). The appellate court must accord a strong presumption of reasonableness to the decision of an administrative agency. Smith v. Ricci, 89 N.J. 514, 525 (1982); City of Newark v. Natural Res. Council, 82 N.J. 530, 539, cert. denied, 449 U.S. 983, 101 S. Ct. 400, 66 L. Ed. 2d 245 (1980). Thus, the determinations of an administrative agency must be given great deference. State v. Johnson, 42 N.J. 146, 159 (1964). We cannot overturn an agency's decision that is based on sufficient evidence, even if this court would have reached a different result. Outland v. Bd. of Trs., 326 N.J. Super. 395, 400 (App. Div. 1999).

We have reviewed the record in its entirety and conclude that the argument is without sufficient merit to warrant a discussion in a written opinion. R. 2:11-3(e)(1)(D) and (E). The decision of the Board is supported by substantial, credible evidence in the administrative record. Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980).

Affirmed.

 

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A-2214-05T5

October 10, 2006