Reading Room

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

NJ Supreme Court Review 1999-2000

Jon 5560

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.

Parameters Defined for Benefits in Occupational Disease Claims: Weighing Standards and Remedial Intent

NJ Supreme Court Review 1995-1996

Jon 6216

The 1996 court term set forth standards for occupational disease claims, defined defenses available, provided interpretation regarding third-party liens, further defined standards to be utilized in the presentation of evidence, and set forth parameters concerning the nature and extent of disability under the Workers' Compensation Act. 

Psychological Disability Claims

NJ Supreme Court Review 1992-1993

Jon 5688

The 1992-93 court term produced a group of decisions that focused on novel issues now being presented before the Division of Workers' Compensation. Judicial forums had an opportunity to review many aspects of the law, including employment status, psychiatric disability, apportionment of disability in traumatic disease claims among multiple respondents, [the "safety net," the "coming and going rule," liens, the scope of spousal dependency, evidential concerns,] and the scope of the availability of a pension offset for employees of interstate agencies. 

Fraudulent Concealment Does Not Bar A Claim

NJ Supreme Court Review 1988-1989

Jon 6660

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. 

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