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Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

New Jersey Appellate Division Finds the Decedent, a Full-time Teacher Who Died of COVID-19, Was an Essential Employee

Amato v. Twp. of Ocean Sch. Dist., No. A-2542-23 & A-2543-23 (November 25, 2024, approved for publication) - The petitioner filed a dependency claim in which he alleged the decedent (his wife) contracted COVID-19 during the...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

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 Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His...

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the...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

Appellate Division Affirmed a Law Division Order Dismissing the Plaintiff’s Complaint With Prejudice for Lack of Subject Matter...

Hudson Reg’l Hosp. v. New Hampshire Ins. Co., No. A-0978-21 (Nov. 16, 2023) - Hudson Regional Hospital, located in Secaucus, New Jersey, provided treatment to five New York residents for injuries sustained in New York while...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

A Workers’ Compensation Judge’s Approval of a Section 20 Settlement Can Be Contingent on a Petitioner’s Live Testimony

Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more

Appellate Division Affirms Summary Judgment Against Employer Due to the Exclusive Remedy Provision of the Act and Affirms Summary...

Cannon v. Bravo Pack, Inc. and Kraft Machines Inc. v. Employers Preferred Ins., No. A-1702-21 (Oct. 31, 2023) and Cannon v. Bravo Pack, Inc. and Bravo Pack, Inc. v. Employers Preferred Ins., No. A-1731-21 (Oct. 31, 2023) - In...more

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