J & D TRUCKING v. Martin

I respectfully dissent. The material facts are not in dispute. With a single exception, the Appellate Division excised conclusions of law, not findings of fact. And there is no dispute about the single finding of fact excised — that the claimant needed and retained counsel to enforce this claim. The administrative law judge’s conclusions of law were correct, and an award of attorney fees was authorized. The superior court correctly reinstated them.

I recognize that “the appellate division may substitute its own alternative findings for those of the ALJ, and enter an award accordingly.”…