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Metrick v. United Parcel Service

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 1, 2010

ROBERT METRICK, PETITIONER-APPELLANT,
v.
UNITED PARCEL SERVICE, RESPONDENT-RESPONDENT.

On appeal from the Division of Workers' Compensation, Department of Labor, Docket Nos. 2005-26628 and 2006-34670.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 4, 2010

Before Judges Skillman and Simonelli.

Petitioner appeals from a March 18, 2009 order of the Division of Workers' Compensation, which denied petitioner's motion to reinstate his claim petitions on the ground that he had failed to make the showing of "good cause" required by N.J.S.A. 34:15-54 and dismissed the petitions with prejudice.

Our review of such an order is limited to determining whether the Judge of Compensation abused his discretion in not finding "good cause" for reinstatement of the petition. See Nemeth v. Otis Elevator Co., 55 N.J. Super. 493, 497 (App. Div. 1959). There is no basis for us to reach that conclusion. We affirm the denial of petitioner's motion to reinstate his claim petitions substantially for the reasons set forth in Judge of Compensation Geist's March 18, 2009 oral opinion.

Affirmed.

20100301

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