Workers' Compensation: NJ Workers' Compensation Judge Loses Appeal Against Removal

The NJ Appellate Division upheld a New Jersey Judge of Compensation's removal by the Governor.

Audrey Kernan, a former workers' compensation judge, was removed from her position following an investigation into allegations of discrimination and harassment. Kernan challenged her removal in the case Kernan v. State of New Jersey (A-1199-22), arguing that the procedures used to remove her were unconstitutional and that her removal violated her due process rights.

Key Arguments

Kernan's primary arguments centered around the following:

Procedural Due Process: She contended that the procedures followed during the investigation and removal process were insufficient, denying her the right to a fair hearing and adequate notice.
Substantive Due Process: Kernan argued that her removal was arbitrary and irrational, lacking a rational basis and violating her fundamental rights.

The Court's Decision

The New Jersey Superior Court, Appellate Division, rejected Kernan's arguments, affirming her removal. The court found that:

The procedures used to investigate and remove Kernan were consistent with constitutional and regulatory requirements.
The decision to remove Kernan was supported by substantial evidence, including findings of unprofessional conduct and a history of disciplinary issues.
Workers' compensation judges are entitled to a different level of protection than superior and municipal court judges.

"However, "[j]udges of compensation are purposely excluded from disciplinary control by the Supreme Court." Id. at 85. "This omission is a clear recognition by the Legislature that such judges are regarded as employees of the executive department and subject to existing procedures for suspension and removal." Ibid. (citing N.J. Const. art. V, § IV, ¶ 5.)."

Implications of the Case

The Kernan case provides essential insights into the rights and protections afforded to workers' compensation judges in New Jersey. The court's decision emphasizes the importance of following established procedures and providing sufficient evidence to support removal decisions.

AUDREY KERNAN VS. STATE OF NEW JERSEY, ET AL, (N.J. App Div. 2024) A-1199-22, Decided 12/10/2024

UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

Recommended Citation: Gelman, Jon L., NJ Workers' Compensation Judge Loses Appeal Against Removal, www.gelmans.com (12/12/2024) https://workers-compensation.blogspot.com/2024/12/nj-workers-compensation-judge-loses.html

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ORDER NOW

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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 five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.