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JMJ Plumbing v. Cudihy

Evidence supported the appellate division of the State Board of Workers' Compensation's conclusion that the appellee failed to show that he sustained a new injury when he first reported his back pain to his employer.

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We granted the application for discretionary appeal of JMJ Plumbing and its workers’ compensation insurer, United Business Insurance collectively, “JMJ”. JMJ appeals from the superior court’s order reversing the award of the appellate division of the State Board of Workers’ Compensation the “Board”, which had reversed the award of the administrative law judge “ALJ”; the ALJ had awarded disability income and medical benefits to Derek Cudihy. JMJ contends that the superior court erred in reversing the Board’s award when there was some evidence to support it and the Board had committed no legal error. We agree and reverse the decision of the superior court.

“In resolving this appeal, we must keep in mind the various standards of review applicable in this case. The Board is authorized to review the evidence adduced before the ALJ, weigh that evidence, and assess witness credibility.”1 The Board is authorized to “draw factual conclusions different from those reached by the ALJ who initially heard the dispute.”2

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