The NJ Supreme Court unanimously held that an unpaid and unemployed volunteered firefighter was entitled to temporary workers’ compensation benefits. The Court, in reversing both the Trial and Appellate rulings, declared that volunteer firefighters have been conferred special status by the New Jersey legislature and they should be paid temporary disability benefits at the maximum rate without a seven-day waiting period, even if the injured volunteer firefighter was not holding outside employment at the time of the work-related injury.
The court rationalized, that even if there appeared to be ambiguity the Workers’ Compensation Act, the Court would look to extrinsic evidence including the legislative history, committee reports and contemporary and he is construction in reaching its decision. The Court recognized that the Workers' Compensation Act is ”remedial legislation and should be given a liberal interpretation so its beneficent and purpose maybe accomplish.”
The New Jersey legislature in enacting N.J.S.A. 34:15-75 codified that maximum compensation rates are payable to injured volunteer firefighters and that they are not subject to the seven-day waiting period for temporary disability benefits. The Court also noted the important role volunteer firefighters played in New Jersey has been recognized by the Legislature who encouraged formation and maintenance because of the great benefits conferred upon the municipalities hi the volunteer fire company.
Justice Timpone, who delivered the opinion, stated, “In sum, the extrinsic evidence and legislative history decidedly indicate the Legislature intended to increase temporary disability coverage for volunteer firefighters injured in the course of performing their duties when it enacted the current form of N.J.S.A. 34:15-75, and not create new barriers to coverage. As such, we find N.J.S.A. 34:15-75 authorizes all volunteer firefighters injured in the course of performing their duties to receive the maximum compensation permitted, regardless of their outside employment status at the time of injury.”
Galen W. Booth argued the cause for appellant (Law Offices of Galen W. Booth, attorneys; Galen W. Booth and Peter Ventrice, of counsel and on the briefs).
Jennifer A. Cottell argued the cause for respondent (Capehart & Scatchard, attorneys; Jennifer A. Cottell, on the briefs, and John H. Geaney, of counsel and on the briefs).
Jeffrey S. Monaghan argued the cause for amicus curiae New Jersey Association for Justice (Pellettieri, Rabstein & Altman, attorneys; Jeffrey S. Monaghan, on the brief).
Pablo N. Blanco submitted a brief on behalf of amicus curiae New Jersey Advisory Council on Safety and Health (The Blanco Law Firm, attorneys).
Kocanowski v Township of Bridgewater, ___ NJ ____ (2019), 2019 WL 661164 (Decided February 19, 2019).
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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). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
