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NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Top 10 Developments in New Jersey Workers’ Compensation in 2024

1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Appellate Division Affirmed Dismissal of Worker’s Compensation Claim for Lack of Compensability

Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%

On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law.  Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%....more

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

Appellate Division Finds That Paid Status During a Break Does Not Mandate Workers’ Compensation Coverage and Affirmed the...

Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 (Mar. 25, 2024) - The petitioner appealed the dismissal of her workers’ compensation claim. She was working for the respondent as a dispatcher, and on her meal break in...more

Appellate Division Finds No Reason to Disturb Employer’s Experts’ Qualifications, to Not Accept Their Testimony, and Rejects Claim...

Bello v. United Panam Financial Corp., No. A-2986-21 (Mar. 6, 2024) - The pro se petitioner appealed from a workers’ compensation order finding that his injuries were not causally related to his employment. The petitioner...more

Appellate Division Affirmed Workers’ Compensation Orders Denying Medical Treatment and Finding Lack of Causation.

Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions...more

Appellate Division Affirmed Workers’ Compensation Order Finding an Increase in Permanency, but Not Total Disability.

Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024) - In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s...more

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

New Jersey Supreme Court Affirmed Appellate Division’s Findings, Noting the Petitioner Was in the Course and Scope of His...

Keim v. Above All Termite & Pest Control, No. A-30-22 (Supreme Court, Nov. 21, 2023) - The New Jersey Supreme Court affirmed the Appellate Division’s decision, reinstated the claim petition, and remanded for further...more

Appellate Division Affirmed the Trial Court, Noting the Defendants’ Actions Did Not Reach the High Bar to Apply the Intentional...

Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more

Appellate Division Affirmed the Workers’ Compensation Judge’s Orders, Granting the Petitioner’s Application for Temporary Total...

Soto v. Hoosier Care, Inc., No. A-0507-22 (Dec. 11, 2023) - The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified...more

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