ROBERT METRICK - v. UNITED PARCEL SERVICE

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4132-08T14132-08T1

ROBERT METRICK,

Petitioner-Appellant,

v.

UNITED PARCEL SERVICE,

Respondent-Respondent.

_______________________________________________________

 

Argued February 4, 2010 - Decided

Before Judges Skillman and Simonelli.

On appeal from the Division of Workers' Compensation, Department of Labor, Docket Nos. 2005-26628 and 2006-34670.

Danielle S. Chandonnet argued the cause for appellant (Shebell & Shebell, attorneys; Ms. Chandonnet, on the briefs).

Kathleen L. Burghardt argued the cause for respondent (Styliades, Jackson and Burghardt, attorneys; Ms. Burghardt, on the brief).

PER CURIAM

Petitioner appeals from a March 18, 2009 order of the Division of Workers' Compensation, which denied petitioner's motion to reinstate his claim petitions on the ground that he had failed to make the showing of "good cause" required by N.J.S.A. 34:15-54 and dismissed the petitions with prejudice. Our review of such an order is limited to determining whether the Judge of Compensation abused his discretion in not finding "good cause" for reinstatement of the petition. See Nemeth v. Otis Elevator Co., 55 N.J. Super. 493, 497 (App. Div. 1959). There is no basis for us to reach that conclusion. We affirm the denial of petitioner's motion to reinstate his claim petitions substantially for the reasons set forth in Judge of Compensation Geist's March 18, 2009 oral opinion.

Affirmed.

 

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A-4132-08T1

March 1, 2010