The Court reasoned, "....an employee who is out of work and receiving workers' compensation is considered on leave of absence without pay; if so the issue is not arbitrable. Following review of the record and applicable law, we affirm PERC's [Public Employment Relations Commission's] determination holding an employee on leave collecting workers' compensation is on leave without pay. The plain language and purpose of N.J.A.C. 4A:6-1.5(b) and the Civil Service Act support this conclusion."
State of New Jersey v. New Jersey Law Enforcement Supervisors Association, 43 NJPER ¶ 123, 43 New Jersey Pub. Employee Rep. ¶ 123, 2017 WL 2686196 (Decided June 6, 2017)
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).