Reading Room

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

NJ Supreme Court Review 1999-2000

Jon 4610

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 5172

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. 

Court Chips Away at Workers' Comp Exclusivity

Workers' Compensation

Jon 10869

The New Jersey Supreme Court, in a landmark decision that was a year in the making, has taken a big step toward dismantling the exclusivity doctrine of the Workers’ Compensation Act, which immunizes employers from tort liability. The 3-2 decision last Wednesday came in the case of a laborer for a nonunion shop who died when he was run over by a dump truck driven by a worker from a union shop owned by the same principals. The justices said the laborer’s widow can sue the shop that loaned the truck driver even though he is immunized from suit. 

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