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(c) 2018 Jon L Gelman, All Rights Reserved.

Saturday, December 16, 2017

Verbal Notice to Supervisor Satisfies Notice Requirement - Unpublished Decision

A police officer who provided verbal notices to an injury to his supervisor the evening of the accident was held to ratify the notice requirement under the Workers’ Compensation statute and deem the accident compensable. In an unpublished shed decision*, the NJ Appellate division ruled that the employer was responsible for benefits even though treatment was not sought for three weeks following the accident.

Friday, December 15, 2017

Joint Employment: The Attack on the Citadel

The Trump Administration has just initiated a step to shield major companies from challenges from employees who are working for a franchise. What was considered as “join employment” under an Obama-Era ruling by the National Labor Relations Board (NLRB) has been reversed. The test of indirect control or unexercised control over a worker will no longer be valid to determine the existence of an employer-employee relationship.

Thursday, December 14, 2017

Exclusivity Rule: Police Officer Hired to Direct Traffic Was a Special Employee-Unpublished Opinion

A municipal police officer who was hired by a contractor to direct traffic at a construction site was determined to be a “special employee” and barred from suing a co-worker of the construction company. The NJ Appellate Court has held, in an unpublished opinion*, the  “Exclusivity Rule” barred the institution of a civil action against a co-worker.

Wednesday, December 13, 2017

An Unpaid Volunteer Firefighter Not Entitled to NJ Workers’ Compensation Temporary Benefits - Unpublished Opinion

The NJ Appellate Division held, in an unpublished opinion*, that an unpaid and unemployed volunteered firefighter was not entitled to temporary workers’ compensation benefits. The Court affirmed the compensation judge’s finding that without the receipt of any wages temporary benefits were not payable.

Tuesday, December 12, 2017

NJ Supreme Voids Agreements Not To Sue Third-Parties

In a landmark decision, the NJ Supreme Court has ruled that agreements between employers and employees not to file a lawsuit against an employer's customers are unenforceable. The Court held that such disclaimers are against public policy.

Tuesday, November 21, 2017

Insurance Companies May Offer Discounts for Wellness Programs

A healthy and fit workforce is essential element of loss prevention, especially in the workplace. The State of NJ is taking a huge step forward to encourage reaching the goal.