N.J. Appellate Court Asks Workers' Comp Judge to Clarify Findings

TRENTON, N.J. - A New Jersey appellate court has remanded a workers' compensation welding case to an administrative law judge for clarification of a prior finding that the petitioner failed to meet his burden on causation. Walerzak v. Duncan Thecker Associates, et al., No. A-3942-06T2 (N.J. Super. Ct., App. Div.).

The New Jersey Superior Court Appellate Division said Feb. 21 the administrative judge's conclusion was clear but his comments that Warren Walerzak's welding activities were not the "sole" cause of his pulmonary illness and cancer raised a question as to whether the appropriate burden of proof was applied.

The Appellate …