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Appellate Division Affirms Award of Medical and Temporary Benefits, Rejects Employer’s Res Judicata and Collateral Estoppel...

Peralta v. Silver Line Bldg. Prods., No. A-0370-24 (September 24, 2025) - The respondent, Andersen/Silver Line Windows, appealed a decision that granted the petitioner’s motion for medical and temporary benefits. On July 16,...more

New Jersey Workers’ Compensation Legislation Update

Below are the more notable pending New Jersey workers’ compensation bills in the 2024-25 session, with 2025 updates in bold. A1719 / S1883 Excludes Certain Illegal Aliens - This excludes certain illegal aliens from...more

Appellate Division Upholds Dismissal of Construction Accident Claims Against Employer and Municipality

Weiss v. Borough of Franklin Lakes, et al., No. A-3831-22 (July 31, 2025) -The New Jersey Appellate Division affirmed three trial court orders dismissing claims brought by James Weiss, a retired firefighter and employee of...more

Appellate Division Affirms 74% Disability Award in Custodian’s Workers’ Compensation Case

Brooks v. Rutgers, the State Univ. of N.J., No. A-1013-23 (August 7, 2025) - In Brooks v. Rutgers, the State University of New Jersey, the Appellate Division upheld a workers’ compensation judge’s decision finding the...more

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’...

Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more

Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

New Jersey Proposes Bills to Protect Workers from Heat-Related Illnesses and Injuries

In the absence of a heat stress standard by the Occupational Safety and Health Administration (OSHA), New Jersey is seeking to adopt one for the protection of workers against heat-related illnesses. Bill A-5022, which...more

New Jersey Workers’ Compensation Legislation Update

Since the holidays and the start of the new year, there have been no new New Jersey appellate decisions in workers’ compensation. Below are some of the more notable pending New Jersey workers’ compensation bills in the...more

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

New Jersey Appellate Division Finds the Decedent, a Full-time Teacher Who Died of COVID-19, Was an Essential Employee

Amato v. Twp. of Ocean Sch. Dist., No. A-2542-23 & A-2543-23 (November 25, 2024, approved for publication) - The petitioner filed a dependency claim in which he alleged the decedent (his wife) contracted COVID-19 during the...more

Top 10 Developments in New Jersey Workers’ Compensation in 2024

1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Appellate Division Affirmed Dismissal of Worker’s Compensation Claim for Lack of Compensability

Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more

The Appellate Division Reversed and Remanded a Trial Court Order Denying the Plaintiffs’ Motion to Amend Their Complaint and...

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%

On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law.  Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%....more

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

Appellate Division Finds That Paid Status During a Break Does Not Mandate Workers’ Compensation Coverage and Affirmed the...

Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 (Mar. 25, 2024) - The petitioner appealed the dismissal of her workers’ compensation claim. She was working for the respondent as a dispatcher, and on her meal break in...more

Appellate Division Finds No Reason to Disturb Employer’s Experts’ Qualifications, to Not Accept Their Testimony, and Rejects Claim...

Bello v. United Panam Financial Corp., No. A-2986-21 (Mar. 6, 2024) - The pro se petitioner appealed from a workers’ compensation order finding that his injuries were not causally related to his employment. The petitioner...more

Appellate Division Affirmed Workers’ Compensation Orders Denying Medical Treatment and Finding Lack of Causation.

Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions...more

Appellate Division Affirmed Workers’ Compensation Order Finding an Increase in Permanency, but Not Total Disability.

Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024) - In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s...more

Appellate Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His...

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the...more

Appellate Division Confirms That the Trial Judge Correctly Applied the Intentional-Wrong Exception to the Insurer’s Policy.

Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023) - The Appellate Division affirmed the Law Division order granting Hartford...more

Appellate Division Affirmed a Law Division Order Dismissing the Plaintiff’s Complaint With Prejudice for Lack of Subject Matter...

Hudson Reg’l Hosp. v. New Hampshire Ins. Co., No. A-0978-21 (Nov. 16, 2023) - Hudson Regional Hospital, located in Secaucus, New Jersey, provided treatment to five New York residents for injuries sustained in New York while...more

New Jersey Supreme Court Affirmed Appellate Division’s Findings, Noting the Petitioner Was in the Course and Scope of His...

Keim v. Above All Termite & Pest Control, No. A-30-22 (Supreme Court, Nov. 21, 2023) - The New Jersey Supreme Court affirmed the Appellate Division’s decision, reinstated the claim petition, and remanded for further...more

Appellate Division Affirmed the Trial Court, Noting the Defendants’ Actions Did Not Reach the High Bar to Apply the Intentional...

Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023) - The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He...more

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