The New Jersey Appellate Division ruled that the judge of workers' compensation (JWC) erred "in her expansive application of N.J.S.A. 34:15-28.2," and, additionally, she abused her discretion in "imposing a manifestly excessive assessment." Ripp filed a petition with the Division of Workers' Compensation, seeking benefits under the Workers' Compensation Act.…
The New Jersey Appellate Division ruled that the judge of workers’ compensation (JWC) erred “in her expansive application of N.J.S.A. 34:15-28.2,” and, additionally, she abused her discretion in “imposing a manifestly excessive assessment.” Ripp filed a petition with the Division of Workers’ Compensation, seeking benefits under the Workers’ Compensation Act. Ripp received temporary disability benefits… Continue reading Ripp v. Hudson Cty.
In this interlocutory appeal, fiduciaries of a retirement plan appealed the District Court’s certification of a class of participants who alleged the fiduciaries breached their duty under the Employee Retirement Income Security Act of 1974 (“ERISA”). At issue was whether the typicality requirement of Federal Rule of Civil Procedure 23(a) is satisfied when the class… Continue reading Boley v. Universal Health Svs.
An en banc panel of the Pennsylvania Superior Court determined that Appellees were not immune from liability because they did not qualify as statutory employers under the Workers’ Compensation Act (WCA). This case arose from injuries sustained from Appellant’s exposure to barite at a natural-gas site leased and operated by Defendant EQT. To drill and… Continue reading Dobransky v. EQT
The Third Circuit dealt with the Multiemployer Pension Plan Amendments Act of 1980 (the MPPAA), which amended part of ERISA (the Employee Retirement Income Security Act of 1974). The MPPAA was designed to penalize employers who back out of multiemployer pension plans early, thereby “sticking remaining employers with a much higher bill.” Here, a contractor… Continue reading J. Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund
The Pennsylvania Commonwealth Court reversed the Workers’ Compensation Judge’s ruling that Claimant’s injuries were not compensable. Claimant filed a petition seeking total disability benefits under the Workers’ Compensation Act for injuries he sustained in a motor vehicle accident (MVA) when Claimant was going home from Employer’s job site. The WCJ found that Claimant’s injuries were not… Continue reading Bark v. Sooner Steel, LLC
The Pennsylvania Commonwealth Court affirmed the Harrisburg School District’s decision to reassign Medina, a school district employee. The District sent Medina a letter, captioned as a notice of discipline, informing him that the District’s administration had concluded that the School Board reassign Medina to the position of Program Grants Administrator with a substantial salary reduction.… Continue reading Medina v. Harrisburg Sch. Dist.
The New Jersey Appellate Division affirmed the Civil Service Commission’s decision, which dismissed Young’s administrative appeal. Young works as a painter at the Woodbine Developmental Center. He received a Preliminary Notice of Disciplinary Action, which announced a 15-day suspension because he emailed another public employee, disparaging the person as a “loser”. Young appealed and received… Continue reading In re Young
The New Jersey Appellate Division ruled that the petitioner must return more than $5,000 because he was not eligible for the New Jersey unemployment benefits he received through the CARES Act. The record revealed that the petitioner voluntarily left his job for personal reasons. And he was not unemployed for reasons related to the pandemic… Continue reading Sullivan* v. Bd of Rev.
In an issue of first impression, the New Jersey Appellate Division held that New Jersey’s Law Against Discrimination’s (LAD) procedural prohibition, which precluded arbitration in the plaintiff’s case, is preempted when applied to an arbitration agreement governed by the Federal Arbitration Act (FAA). After his employment was terminated, the plaintiff filed a complaint against Curvature… Continue reading Antonucci v. Curvature Newco, Inc.
The New Jersey Supreme Court considered whether an employee’s claim that her subordinate’s gender bias influenced her employer’s decision to terminate her, in violation of the Law Against Discrimination (LAD), was sufficient to proceed to trial. Plaintiff filed a complaint asserting that the Council released her based on her gender in violation of the LAD.… Continue reading Meade v. Twp. of Livingston