Robert Witt v. Holland Drug, Inc. (Dec. No. 24-04) – The Appellate Division affirms the ALJ’s determination that the employee failed to meet his burden of proof that his electrocution injury was work-related. Mr. Witt claimed the ALJ’s decision was arbitrary and without rational foundation. The Appellate panel disagreed, stating the ALJ was the sole judge of the credibility of the witnesses and was free to choose among conflicting versions of the facts. The panel also found it highly probable that any of the factual errors cited by the employee had any impact on the outcome.


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Daniel F. Gilligan