Deviation From Employment

The NJ Appellate Division held that an emergency police dispatcher who was injured in a car accident while returning to work from a lunch break was not entitled to workers' compensation benefits. 

NJ Supreme Court Defines The Authorized Vehicle Rule

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).

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

New Laws in NJ Are a Step to Reduce Gun Violence in the Workplace

Gun violence in the workplace continues to be a significant occupational hazard. Whether it occurs on the work premises or carriers over to an off-premises location, gun violence remains a continuing risk associated with a job,

US Supreme Court Holds Washington State’s Workers’ Compensation Law Unconstitutional Under the Supremacy Clause

Washington’s workers’ compensation law discriminates against the Federal Government and its contractors. Because §3172 does not clearly and unambiguously waive the Federal Government’s immunity from discriminatory state laws, Washington’s law is unconstitutional under the Supremacy Clause. 

NJ Supreme Court Reiterates the Liberal Application of Workers' Compensation Act in a Parking Lot Case

The NJ Supreme Court ruled that an employee’s injuries arose out of and in the course of her employment because the parking lot where she was injured was owned and maintained by the employer, adjacent to her place of work, and used by employers’ employees to park. The employee was therefore entitled to benefits under the Workers’ Compensation Act.

Parking Lot Cases to be Compensable Under Legislation Sent to the Governor

The NJ Legislature has passed and sent to the Governor legislation that expands workers’ compensation coverage to parking areas provided by an employer. 

NJ Announces Indoor Mask Requirement for Beginning of 2021-2022 School Year

Joined by educators, medical professionals, parents, and school administrators, NJ Governor Phil Murphy today announced that all students, educators, staff, and visitors will be required to wear face masks indoors for the start of the 2021-2022 school year. The Governor signed Executive Order (EO) 251, which will mandate masking in the indoor premises of all public, private, and parochial preschool, elementary, and secondary school buildings, with limited exceptions. The EO is effective on Monday, August 9, 2021. 

Volunteer's Injury at Community Outreach Event Compensable

The NJ Supreme Court has held that an injury sustained while volunteering at her employer-sponsored event is compensable because the event was not a social or recreational activity. 

CDC issues mandate on wearing of face masks while on conveyances and at transportation hubs

Many of the nation’s employers and employees will be impacted by a recent mask mandate promulgated by The Centers for Disease Control and Prevention. This national Order will establish a uniform science and medical evidence strategy to prevent the transmission of SARS-CoV2 (coronavirus) and the emerging spread of variants of the disease.

Premises Rule Sustained: Shared Parking Lot Injury Held Non-Compensable

Petitioner Diane Lapsley appealed from an order of a judge of compensation concluding that injuries she sustained in a February 3, 2014 accident arose out of and in the course of her employment as a Sparta Township librarian pursuant to the Workers' Compensation Act (the Act), N.J.S.A. 34:15-1 to -146. 

The Countermeasures Injury Compensation Program (CICP)

The Federal Government has a program to compensate those individuals who have suffered adverse reactions to the COVID-19 (SAR-CoV2) vaccines. The program is the Countermeasures Injury Compensation Program (CICP) established under the Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C. §§ 247d-6d, 247d-6e.

NJ Senate Advances Expanded Parking Lot Bill

The New Jersey Senate Labor Committee voted to release a bill that expands workers' compensation coverage to parking areas provided by an employer.

NJ Tightens COVID-19 Pandemic Restrictions

 NJ coronavirus cases continue to soar to a new daily number of 3,877 and a Rate of Transmission 1.25% and the state has now issued further restrictions to curb the spread of the potentially fatal virus. These new restrictions will impact business in the entertainment and hospitality field as well as indoor sports. 

When is an off-regular-hours activity not in the course of the employment?

The NJ Supreme Court is deliberating on the issue of whether an an employee should receive workers’ compensation if an injured occurred at an off-regular-hours event. The issue presented to the Court was whether an employee is entitled to benefits under the Workers’ Compensation Act, specifically N.J.S.A. 34:15-7, for injuries that occurred while she was volunteering at her employer’s “Family Fun Day” event?

Occupational Exposure to Diacetyl and Acetaldehyde Results in Compensable Colorectal Cancer

An employee exposed at work to flavoring ingredients including Diacetyl and Acetaldehyde, was awarded workers’ compensation benefits as a result of being diagnosed with colorectal cancer. The case is significant because the Court adopted scientific evidence that associated chemical exposure in the workplace to an increased risk of a malignancy based on expert testimony that by DNA testing, the exposed worker’s body could not detoxify from the hazardous chemical.

Landlord Held Not Liable for Injuries Of Tenant's Employee

A NJ Appellate Court has upheld the summary judgment dismissing the case where a commercial landlord was sued in a civil action for damages injured by a tenant's employee. The Court reasoned that the tenant had exclusive possession of the premises under the lease and the tenant had sole responsibility for the maintenance and repair of the premises.

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.

NJ Supreme Voids Agreements Not To Sue Third-Parties

In a landmark decision, the NJ Supreme Court has ruled that agreements between employers and employees not to file a lawsuit against an employer's customers are unenforceable. The Court held that such disclaimers are against public policy.