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Monday, January 27, 2020

Pending NJ Supreme Court Cases of Interest

Pending NJ Supreme Court Cases of Interest


A-23-19 Mary Richter v. Oakland Board of Education (083273)
Is an employee alleging discrimination for failure to accommodate a disability, pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, required to show an adverse employment action; and is this employee’s claim barred by the exclusive remedy provision of the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -146?
Certification granted: 11/04/2019
Posted: 11/04/2019
Argued:
Decided:

A-91-18 Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC (082836)
Does the New Jersey Compassionate Use Medical Marijuana Act -- which declares that "nothing" in the Compassionate Use Act “require[s]” an employer to accommodate a medical marijuana user, N.J.S.A. 24:6I-14 -- preclude a claim by an employee against an employer based on, among other things, the Law Against Discrimination?
Certification granted: 07/11/2019
Posted: 07/18/2019
Argued:
Decided:

A-78/79/80-18 The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc. (082502)
Does the two-year statute of limitations, applicable to claims under the Workers’ Compensation Act, apply to claims by medical providers for the payment of services rendered to injured employees?
Certification granted: 05/14/2019
Posted: 05/15/2019
Argued: 01/07/2020
Decided:
Watch the Oral Argument Video for A-78/79/80-18 - 01/07/2020 (See NJ Supreme Court site for internal link.)

A-68-18 New Jersey Transit Corporation v. Sandra Sanchez and Chad Smith (082292)
Can plaintiff, a workers’ compensation carrier, obtain reimbursement of medical expenses and wage loss benefits it paid from defendants (more specifically, the tortfeasors who negligently caused injuries to plaintiff’s employee in a work-related motor vehicle accident), if the employee would be barred from recovering non-economic damages from defendants because he did not suffer a permanent injury?
Certification granted: 04/04/2019
Posted: 04/05/2019
Argued: 09/24/2019
Decided:
Watch the Oral Argument Video for A-68-18 - 09/24/2019 (See NJ Supreme Court site for internal link.)

Updated as of January 27, 2020
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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.
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