PER CURIAM.
Plaintiff Smile Alvarez appeals from the January 25, 2013 order of the Division of Workers' Compensation dismissing his petition to receive compensation for injuries allegedly sustained while performing his duties as an employee of defendant Continental Airlines.
The incident from which Alvarez seeks compensation occurred on October 21, 2001, while he was employed as an international service manager. According to Alvarez, after arriving in Quito, Ecuador as part of a routine flight, he "went to check [his], double check [his] door to make sure it was in the disarm position so it wouldn't accidentally be a deploy. . . ." Upon entering the airplane's galley, he reached "the vinyl flooring [and] both [his] feet went right up from underneath [him] and [he] flipped over on his back and shoulders." Alvarez was launched "high enough that [his] feet went over [his] shoulders and backwards and hit the floor." Ultimately, Alvarez's head, shoulders, and neck struck the airplane's floor. Alvarez refused to seek professional medical treatment in Ecuador.
Instead, he self-medicated by soaking in his hotel's hot tub. Alvarez described himself as being "pretty sore. I was banged up."
After returning to the United States, Alvarez eschewed treatment at Continental's Whole Health Clinic in Newark.
During April 2002, Alvarez returned to duty in Houston, Texas. When he attempted to check in for a series of day flights, he stated, "you know what I can't go. I can't do this. The pain in my arm was hurting too bad." Alvarez consulted a doctor at Continental's Whole Health Clinic who prescribed Ibuprofen and sent him home. Alvarez immediately went on sick leave, and did not return to work for almost one year.
On April 12, 2002, Alvarez consulted Dr. Diaz, a neurologist.
On April 19, 2002, Alvarez filed a workers' compensation claim with the Texas Department of Workers' Compensation.
On June 6, 2002, Continental's insurance carrier informed Alvarez that it was denying his compensation claim on the ground that he did not timely report the injury to Continental.
On July 6, 2002, Alvarez underwent cervical fusion surgery.
On July 15, 2002, Alvarez filed a petition for workers' compensation benefits with the New Jersey Department of Labor-Division of Workers' Compensation stating that he had incurred a workplace injury on October 21, 2001.
On July 15, 2010 and March 24, 2011, Alvarez testified before a judge of compensation. During the 2010 hearing, Continental unsuccessfully moved to dismiss the case on the ground that Alvarez failed to comply with
On December 14, 2012, Alvarez testified again at the request of a second judge of compensation who received the case following the first judge's retirement.
On January 25, 2013, the judge dismissed Alvarez's claim.
The rationale supporting this decision was the following:
This appeal followed.
On appeal, Alvarez argues that the court of compensation erred by failing to consider that his delay in notifying Continental of the injury was due to his unawareness of a causal link between the accident and the injuries he sustained. Under these circumstances, Alvarez contends that the court of compensation should have construed
The judge of compensation disagreed with this analysis, finding that Alvarez knew, or should have known, of the direct link between the traumatic event of his somersault aboard the Continental airplane on October 21, 2001, and the emerging pain and related symptomatology in the succeeding month and thereafter. By waiting until at least April 2002 to lodge the claim, Alvarez failed to comply with
As a general proposition, we are required to give "`substantial deference' to administrative determinations."
Therefore, "deference must be accorded the factual findings and legal determinations made by the Judge of Compensation unless they are `manifestly unsupported by or inconsistent with competent relevant and reasonably credible evidence as to offend the interests of justice.'"
In
The relative ease in calculating the notice and claim limitations led the Court to hold that "[such] limitations in classic industrial accidents involving simultaneous traumatic event and injury will continue to be calculated from the date of the traumatic event."
While the symptomatology emanating from Alvarez's fall may have worsened over time, Alvarez was aware of the injury he incurred from the moment he struck his head, shoulders, and neck in the airplane galley. Such injuries are wholly distinct from their latent and insidiously progressive counterparts that prey upon their victims without any prior indication that they were even exposed to injury. Alvarez's harm does not fall within these categories of injury. To hold so would unnecessarily expand this narrow class of cases established by
Here, the record supports the findings of the judge of compensation that a reasonable person facing Alvarez's circumstances would have been aware that he sustained a work-related compensable injury on October 21, 2001. His failure to give timely notice to his employer under these circumstances is legally untenable. Alvarez's remaining arguments lack sufficient merit to warrant discussion.
Affirmed.