Daniel J. Rosenthal

All articles by Daniel J. Rosenthal

 

Your Injury Happened Where? New Jersey Appellate Division Rejects Two Attempts to Avoid the Going and Coming Rule

Two recent decisions by the New Jersey Appellate Division upheld the strength of the “going and coming” rule to bar workers’ compensation claims that did not occur at work. In New Jersey, injuries that occur during routine travel to and from work are not compensable. This comes from principle found in N.J.S.A. 34:15-36 (defining “employment”) that generally, employment starts when the employee arrives at his place of employment, and terminates upon leaving the place of employment. Section 36 was amended
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Appellate Division Provides Clarity: Medical Expenses are Recoverable by Workers’ Compensation Carriers under Section 40

The Appellate Division issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the Workers’ Compensation Act, N.J.S.A. 34:15-40. The decision, Lambert v. Travelers Indemnity Co. of America, No. A-1073-14T3, __ N.J. Super. __, __ (App. Div. 2016), offers welcome clarity concerning reimbursement of medical payments under Section 40. Following the unpublished 2013 decision
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