Thompson v. Millard Wire Co.Annotate this Case
The Supreme Court affirmed the decision of the Appellate Division of the Workers' Compensation Court affirming the decree of the trial judge that Petitioner had failed to prove that he sustained a neck injury arising out of and in the course of his employment, holding that legally competent evidence supported the Appellate Division's determination.
Before the Supreme Court, Petitioner argued that the trial judge committed reversible error by stating that Dr. Thomas Rocco, M.D. was not qualified to opine on an orthopedic issue because he was a board certified general surgeon, not a board certified orthopedic surgeon, and finding Dr. Rocco's testimony to be inconsistent. The Supreme Court affirmed, holding (1) the Appellate Division did not err in upholding the trial judge's decision to discount Dr. Rocco's testimony; and (2) there was legally competent evidence to support the conclusion of the Appellate Division that Dr. Rocco's testimony was inconsistent.