Reading Room

NJ Supreme Court Upholds The Rights of Firefighters Who Suffer Lung Disease

Workers' Compensation

Jon 5153

A unanimous New Jersey Supreme Court decided that firefighters, whether paid or volunteer, may receive Workers’ Compensation benefits for developing respiratory illness and lung disease as a result of exposure to asbestos, fumes and other toxic substances encountered on the job. Decided February 11, 2002, the case of Culbert vs. City of Jersey City and its companion Lindquist vs. City of Jersey City, reversed the Judgment of the Appellate Division, which threw out the firefighter’s claims.

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

NJ Supreme Court Review 1995-1996

Jon 5919

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.