Tavares v. Aramark Corp.

Because I believe that the Workers’ Compensation Court erred as a matter of *1133law when it permitted this employee to recover benefits for an alleged recurrence of an incapacity to work, I would quash the decision of the Appellate Division and remand this case to the Workers’ Compensation Court with instructions for it to enter judgment in favor of the employer.

In this case, no competent evidence showed that the employee’s post-surgical incapacity to work bore any causal relationship to her previous work-related injury. On the contrary, the evidence that the trial court accepted indicated that…