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Somerset Board of Education v. Perkins

5/13/2005

consistent with a finding of an injury that occurred prior to the incident on August 7, 2001. Moreover, the Board of Education has not argued that it was harmed by the confusion about the injury date. Neither notice nor statute of limitations is claimed as an issue in this case. Furthermore, Ms. Perkins was awarded benefits from the date of the second injury she incurred in this case. Thus, we cannot perceive any clear error or injustice in the ALJ's settling upon the July 25th date.


It is not the function of this Court to resolve factual disputes but only to review for flagrant error. We do not find it in this case. Therefore, we affirm the opinion of the Workers' Compensation Board.


ALL CONCUR.






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