January 8, 2019

Partner, Shawn C. Huber, Wins Appeal and Makes New Law for Employers

Partner Shawn C. Huber won an appeal in New Jersey Transit Corp. v. Sanchez on December 4, 2018. A three-judge appellate panel held that the trial judge below erred in finding that New Jersey’s verbal threshold defense barred New Jersey Transit Corp.’s subrogation claim against a third party tortfeasor for workers’ compensation benefits paid to its employee. Huber argued that recent case law should be extended to permit New Jersey Transit Corp.’s claim and that the verbal threshold defense did not apply. The Appellate Division agreed in a landmark published decision that changes the law to substantially benefit employers in recovering such benefits.