March 4, 2008
KAREN LEHMANN, PETITIONER-RESPONDENT,
NESTLE, USA, RESPONDENT-APPELLANT.
On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, W.C. No. 36452; C.P. No. 2003-7843.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: February 14, 2008
Before Judges Cuff and Lisa.
Respondent Nestle USA, the employer of petitioner Karen Lehmann, appeals from a judgment entered by a judge of compensation. The judge found petitioner disabled to the extent of 35% permanent partial total (less a credit of 20% for pre- existing disability) for residuals of anxiety and depression.
On appeal, respondent argues that petitioner failed to sustain her burden of proof that the workplace was a material cause of her psychiatric condition and that the judgment is against the weight of the evidence.
Having reviewed the record in its entirety, we conclude that the decision of Judge of Compensation Moncher is supported by sufficient credible evidence as a whole, Rule 2:11- 3(e)(1)(D), and we affirm substantially for the reasons expressed by the judge in his November 30, 2006 oral opinion.
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