The NJ Supreme Court, in a unanimous decision, held that an employee’s car accident occurred “in the course of employment” under N.J.S.A. 34:15-36’s “authorized vehicle rule” and is therefore compensable under the Workers’ Compensation Act (the Act).
Showing posts with label coming and going rule. Show all posts
Showing posts with label coming and going rule. Show all posts
Wednesday, November 22, 2023
Wednesday, November 16, 2022
The element of compulsion validates The Special Mission Doctrine
The NJ Appellate Division conducted an insightful analysis of The special mission doctrine in affirming a workers’ compensation award to an injured employee who suffered severe injuries when a tank loaded with acetylene gas exploded in this car. The employee was en route to deliver the tank to a customer of the employer, toff-hours, and with his personal vehicle and not under direct orders from his employer.
Thursday, August 9, 2018
A Deviation Off-Premises Bars Claim
The “Coming and Going Rule” has always been a grey area in determining compensability in the workers’ compensation arena. A bucket full of cases and statutory modifications have tried to establish clarity.
Monday, May 18, 2015
The Role Workers’ Compensation Plays in the Amtrak Train 188 Derailment
The unfortunate crash of Amtrak 188 left 8 people dead and injured over 200 people. Compensation benefits for victims and their families face a host of complex and conflicting legal remedies. The National Transportation Safety Board is investigating an Amtrak derailment in Philadelphia, Pa.
Today's post is by guest author Brianne Rohner Erickson of the Nebraska Bar.
Our sympathies go out to all of the friends and families of the victims of Tuesday’s Amtrak passenger train derailment in Philadelphia, as well as a wish for the recovery of those injured. The latest news reports indicate that, as of Friday morning, the crash has left at least eight dead and more than 200 injured.
Today's post is by guest author Brianne Rohner Erickson of the Nebraska Bar.
Our sympathies go out to all of the friends and families of the victims of Tuesday’s Amtrak passenger train derailment in Philadelphia, as well as a wish for the recovery of those injured. The latest news reports indicate that, as of Friday morning, the crash has left at least eight dead and more than 200 injured.
Tuesday, April 14, 2015
On-Call Employment: Uber on Steriods
The NY Attorney General took action yesterday to rein in the growing emergence of "on-call staffing." The new dynamic of on demand staffing continues to be a growing trend in the employment arena. It is sort of an Uber on steroids.
The historic legal concepts that determine compensability in workers compensation cases have traditionally been defined by the concept of "arising out of and in the course of employment." Those parameters are indeed going to be challenged by the concept of "on-call employment."
The historic legal concepts that determine compensability in workers compensation cases have traditionally been defined by the concept of "arising out of and in the course of employment." Those parameters are indeed going to be challenged by the concept of "on-call employment."
Tuesday, April 1, 2014
The Degree of Employer Control Determines Compensability in an Off-Premises Parking Lot Case
The NJ Supreme Court declared the nature of the employer's control determines compensability in an off-premises parking lot claim. The Court ruled that the NJ 1979 Legislative amendments mandate that the "coming and going" rule bars such a workers' compensation claim when an employee is injured on a public street while walking to and from a public parking lot.
The Court held that even though the employer provided a parking pass to the employee to park in the public lot, that since the employer did not own, maintain or exercise control over the lot nor the route that the employee must take in commuting to the employer's premises, the employee could not pursue a workers' compensation claim.
The element of "control" pervades many issues in workers' compensation including "employment status. NJ has "The Right to Control Test" that is utilized in determining the employment status of the employee.. This is been a major factor in misclassification of workers and the eligibility of workers' compensation cover.
Hersh v. County of Morris A-59 NJ Supreme Court, Decided April 1, 2014.
Note: This cases and others will be the subject the NJ Hot Topics in Workers' Compensation Law Seminar on June 18, 2014. Both Lewis Stein, Esq. and John R. Tort, Jr., Esq., who were the lead counsel representing the parties involved in the litigation, will participating in the upcoming seminar.
Click here to register today.
The Court held that even though the employer provided a parking pass to the employee to park in the public lot, that since the employer did not own, maintain or exercise control over the lot nor the route that the employee must take in commuting to the employer's premises, the employee could not pursue a workers' compensation claim.
The element of "control" pervades many issues in workers' compensation including "employment status. NJ has "The Right to Control Test" that is utilized in determining the employment status of the employee.. This is been a major factor in misclassification of workers and the eligibility of workers' compensation cover.
Hersh v. County of Morris A-59 NJ Supreme Court, Decided April 1, 2014.
Note: This cases and others will be the subject the NJ Hot Topics in Workers' Compensation Law Seminar on June 18, 2014. Both Lewis Stein, Esq. and John R. Tort, Jr., Esq., who were the lead counsel representing the parties involved in the litigation, will participating in the upcoming seminar.
Click here to register today.
Sunday, June 23, 2013
NJ Workers' Compensation Judge Looses Her Own Case
A NJ Workers' Compensation judge was denied benefits after sustaining injuries as a result of a motor vehicle accident while traveling from her home to a NJ workers' compensation district courthouse that she was supervising.
The Appellate Court, affirming a trial court dismissal, ruled, that even though the judge was afforded mileage reimbursement. The Court stated that there was no proof that her commute to work was part of her actual work day. It also reasoned that there was no "special hazards" incurred by the travel, nor was it considered a "special mission." Therefore, the denial of benefits was affirmed under the "coming and going" rule.
Audrey Kernan v. State of NJ, Docket A-4261-11T4 (Decided June 19, 2013)
Read more about "The Coming and Going Rule" and workers' compensation:
The Appellate Court, affirming a trial court dismissal, ruled, that even though the judge was afforded mileage reimbursement. The Court stated that there was no proof that her commute to work was part of her actual work day. It also reasoned that there was no "special hazards" incurred by the travel, nor was it considered a "special mission." Therefore, the denial of benefits was affirmed under the "coming and going" rule.
Audrey Kernan v. State of NJ, Docket A-4261-11T4 (Decided June 19, 2013)
Read more about "The Coming and Going Rule" and workers' compensation:
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