Archive for February, 2022
Superior Court Could Not Compel A Plaintiff Who Filed In Civil Court To Also File A Claim Petition In The Division of Workers’ Compensation
The case of Brian Smith v. Township of South Hackensack, No. A-3258-20 (App. Div. February 18, 2022), addressed an unusual procedural question seldom, if ever, seen before. The Appellate Division decision provides hardly any factual background at all other than this brief summary: “Plaintiff, a volunteer firefighter, was struck by a South Hackensack fire truck […]
Understanding The Deviation From Employment Defense
Workers’ compensation practitioners have all heard of the defense of deviation from employment. But where does the defense come from? The New Jersey Workers’ Compensation Act has well over 100 sections to it, but nowhere will you find any reference to the defense of deviation from employment. Yet the defense does exist. We know that […]
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