On January 10, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. 4768. Pursuant to the bill, the Legislature’s rather significant amendments to New Jersey’s WARN Act—formally titled the “Millville Dallas Airmotive Plant Job Loss Notification Act”—will become effective on April 10, 2023. The amendments, while approved in January…
Read More >The facts of Safet Saiti v. Garden Homes, A-1328-20, decided October 11, 2022, are simple. On September 3, 2020 an Order for permanency was entered in favor of petitioner. For reasons unknown, payment was not made by respondent within the required sixty-day period from the date of the Order and…
Read More >On October 28, 2022, the Appellate Division issued its decision in Robert Alam v. Ameribuilt Contractors, A-2114-21, approved for publication that same day. We congratulate the Workers’ Compensation team here at Brown & Connery which appealed the case on behalf of its client, and succeeded in getting a reversal on…
Read More >On June 1, 2022 the Appellate Division decided the case of Lindell v. W.H. Industries, Inc., A-1815-20. This decision affirmed the dismissal with prejudice of three separate Claim Petitions filed by petitioner for incidents of June 27 and September 14,2007 and August 12,2009. All three claims alleged injuries to her…
Read More >On Thursday, February 10, 2022, Congress approved legislation that bars the use of forced arbitration to address sexual harassment and abuse claims in the workplace, entitled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). President Biden signed the Act into law on March 3,…
Read More >The unreported Appellate decision in Townsend v. New Transit, A-0559-20, decided February 2, 2022, should now be required reading for all pro se litigants. Claude Townsend, a bus driver for New Jersey Transit, was involved in a bus accident on January 29, 2008. He filed a Claim Petition through counsel,…
Read More >On January 13, 2022, the U.S. Supreme Court reached split decisions on vaccine mandates issued by the Occupational Safety and Health Administration (“OSHA”) and the Centers for Medicare & Medicaid Services (“CMS”), respectively. Here are some of the key highlights. CMS Mandate for Healthcare Workers is Upheld In November 2021,…
Read More >On May 11, 2020, as a response to the “original” COVID pandemic New Jersey enacted a COVID presumption statute which created a rebuttable presumption that “essential employees” who contracted COVID19 did so as the result of their employment. That law defined essential employees as employees who are in the public…
Read More >New Jersey employers will now be subject to yet another expansion of the definition of compensable employment with the Approval of Senate Bill S771 on January 10, 2022. This bill amends Section 36 of the New Jersey Workers Compensation Act by expanding the definition of “employment” as it pertains to…
Read More >A Workers Compensation judge’s dismissal of a claim by a salesman injured in a motor vehicle accident was affirmed by the Appellate Division in a ruling that held a side trip to a favorite restaurant was a deviation from the course of employment. Andrew Mackoff v New Brunswick Saw Service,…
Read More >