LaFazia v. D. Moretti Sheet Metal Co.

OPINION

FLANDERS, Justice.

When injured employees allege that they have suffered a recurrence of an incapacity *1208for work, what must they prove to obtain workers’ compensation? This question arises in connection with our review of a decision of the Appellate Division of the Workers’ Compensation Court (Appellate Division) on a writ of certiorari. The employee, Frank La-Fazia (LaFazia), claimed that his earlier incapacity for work had returned after he attempted to resume his employment. But a trial judge refused to reinstate his previously terminated workers’ compensation payments, and the…