Reading Room

The statutory formula for compensability for occupational disease is similar to that for accidental injuries, that is, “compensation for personal injuries to or for death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” Section 30. There appears to me to be three essential elements of Section 30. There must be an injury or death – due to a “compensable” occupational disease – which must arise out of and in the course of the employment. There is an exception for willful self-exposure but that exception has never been established, to my knowledge, so it is not that important.  The statutory formula for compensability for occupational disease is similar to that for accidental injuries: "compensation for personal injuries to or for the death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” NJSA 34-15-30.

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 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.