Bunk Dicta is Bunk Dicta: New Jersey Appellate Division Rejects Residency as a Sufficient Condition for Jurisdiction

When can an employee who was injured in another state pursue a workers’ compensation claim in New Jersey? On July 22, 2019, the New Jersey Appellate Division approved for publication a decision dealing with exactly that question. In Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, 2019), the petitioner alleged he sustained work injuries in Pennsylvania. Testimony showed that United initially hired the petitioner in San Francisco. At the
Continue reading...

Due Process in the New Jersey Workers’ Compensation System

In an ideal workers’ compensation system, all parties would keep to the letter of the law. However, courts’ rules are oftentimes relaxed within our system and often not followed. In handling any New Jersey workers’ compensation claim petition, employers, employers’ attorneys and claims professionals must be diligent in making sure that employers’ fundamental rights are not violated by this relaxed approach. All parties, petitioners, and respondents have the right to
Continue reading...

The Importance of Investigating a Petitioner’s Medical History and How It Can Help Employers Save Money

Upon the filing of a New Jersey workers’ compensation claim petition, it is extremely important to thoroughly investigate the history of the alleged injured worker to ensure you attain the best possible outcome and to prevent unnecessary expenses. This is a relatively well-known strategy.  However, in a rush to close or settle a matter, this strategy can sometimes be overlooked, which can result in significant costs to an employer. In
Continue reading...

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
Continue reading...