Reading Room

Social Remedial Legislation: Justices Struggle to Maintain Liberal Aspects of the Workers' Compensation Act

NJ Supreme Court Review 1999-2000

Jon 4893

The New Jersey Supreme Court, struggling to maintain the remedial social aspects of the Workers’ Compensation Act, adopted a liberal “quantification of disability” rule to determine the Statute of Limitations date to be utilized in occupational disease claims.

Order in the Comp Courts: Rulings this Year Mandated Specific Evidentiary and Jurisdictional Standards

NJ Supreme Court Review 1996-97

Jon 5411

This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards. In a series of cases, the New Jersey Supreme Court highlighted the necessity of strict adherence to the requirements of the Law for those practicing before the Division of Workers’ Compensation. 

The Exclusive Remedy of Workers' Compensation

NJ Supreme Court Review 1994-1995

Jon 7663

In several landmark cases the New Jersey Supreme Court redefined the parameters of the Workers' Compensation Act as it applies to occupational illness, scientific evidence, the standard of proof to determine permanency, apportionment of responsibility, exclusivity of remedy and off-premises liability. These areas of the law are also the focus of various New Jersey Appellate Division case decisions as well as several federal court rulings. Some of the decisions rendered by the Supreme Court were the most significant rulings in the history of workers' compensation case law. 

Temporary Benefits While on "Light Duty"

NJ Supreme Court Review 1989-1990

Jon 10056

The court sought to focus on major issues confronting workers' compensation law, including the concepts of "light duty," the existence of the "coming and going rule," concerns over what risks are incidental to employment, the problem of the employee who is perceived to be working for multiple employers simultaneously, and other major issues such as [the "Fireman's Rule," the Falcon Doctrine, the Second Injury Fund, pension offsets, third party matters, medical treatment, and] what remedies are available to the employer where benefits appear to have been overpaid. 

Fraudulent Concealment Does Not Bar A Claim

NJ Supreme Court Review 1988-1989

Jon 5743

The 1988-1989 court term has resulted in significant developments in the New Jersey Division of Workers' Compensation. The court has continued to define the scope of employment and the parameters under which remedies are available for the injured employee under the Workers' Compensation Act. It confirmed the right of employees to obtain relief from employers where fraudulent concealment is an issue. 

Multiple Employments and Occupational Claims

NJ Supreme Court Review 1987-1988

Jon 4773

NJ Supreme Court Case Review 1988. Substantial and significant case law development and procedural changes have occurred before the Division of Workers' Compensation during the 1987-1988 court term. Decisions have focused on interpreting the 1979 Amendments to the Workers' Compensation Act in light of the increasing complexities of the industrial arena.