Quinones v. P.C. Richard & Son

The opinion of the court was delivered by

STERN, J.A.D.

Respondent employer P.C. Richard & Son (“the employer” or “respondent”) appeals from a partial permanent disability award of 25% for orthopedic and radial neuropathy “residuals of spiral fracture of the right humerus with scarification.” It contends that *65the injuries are not compensable. We agree and reverse the judgment of the Division of Workers’ Compensation.

Because we agree with the employer that the injury is not compensable even giving petitioner the benefit of all legitimate factual inferences favorable to his position, we…