Reading Room

Supreme Court Sets High Judicial Threshold For Evaluating Scientific Evidence

Workers' Compensation

Jon 5996

For the last few decades, the most compelling issue in an occupational disease case has been how the workers’ compensation court should determine the admissibility of scientific evidence. The New Jersey Supreme Court recently established guidelines for the admission and reliance upon such proof.

Burden Relaxed in Heart Disease Claims

Occupational Heart Condition Held Compensable

Jon 6846

The state Supreme Court ruled that workers claiming occupational heart disease need only show that their job substantially contributed to the development of the disease to be awarded compensation. But in the first ruling of its kind in the country, the Court specifically held that smokers can be denied compensation if a job-related disease is principally caused by personal-risk factors such as smoking, obesity or a family history of the illness.

Court Orders Compensation for Worker Rendered Sterile

NJ Supreme Court Awards Compensation for Reproduction Disorder

Jon 5765

In a decision that focuses attention on the risk of harm to reproductive systems caused by exposure to toxins in the workplace, a state appeals court has ordered a judge to award compensation to an industrial employee for sterility, even though the condition did not affect his ability to work. Workers’ Compensation Judge Melvin Shteir had ruled that Ahmed Akef, a chemical worker at a BASF Corp. plant in Middlesex County, suffered no loss "in the workers’ compensation.

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. 

The Exclusive Remedy of Workers' Compensation

NJ Supreme Court Review 1994-1995

Jon 7394

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.