KAREN LEHMANN v. NESTLE, USA

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2269-06T22269-06T2

KAREN LEHMANN,

Petitioner-Respondent,

vs.

NESTLE, USA,

Respondent-Appellant.

__________________________________

 

Argued: February 14, 2008 - Decided:

Before Judges Cuff and Lisa.

On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, W.C. No. 36452; C.P. No. 2003-7843.

Eric E. Fingerman argued the cause for appellant (Freeman, Barton, Huber & Sacks, attorneys; Mr. Fingerman, on the brief).

Thomas W. Polaski argued the cause for respondent (Robert A. Olkowitz, P.C., attorney; Mr. Olkowitz, on the brief).

PER CURIAM

Respondent Nestle USA, the employer of petitioner Karen Lehmann, appeals from a judgment entered by a judge of compensation. The judge found petitioner disabled to the extent of 35% permanent partial total (less a credit of 20% for pre-existing disability) for residuals of anxiety and depression. On appeal, respondent argues that petitioner failed to sustain her burden of proof that the workplace was a material cause of her psychiatric condition and that the judgment is against the weight of the evidence.

Having reviewed the record in its entirety, we conclude that the decision of Judge of Compensation Moncher is supported by sufficient credible evidence as a whole, Rule 2:11-3(e)(1)(D), and we affirm substantially for the reasons expressed by the judge in his November 30, 2006 oral opinion.

Affirmed.

 

(continued)

(continued)

2

A-2269-06T2

March 4, 2008