McGory v. SLS Landscaping, ___ N.J. Super. ___ (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge Vernoia concluded that a Judge of Workers Compensation had denied due process to the injured claimant in multiple ways. The claimant alleged that he had fractured his foot when he jumped from a loft while working at respondent’s premises. Respondent claimed that the injury occurred when the claimant jumped off a ladder at his home, not while at work for respondent. The claimant refused medical treatment...

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in light of the Covid-19 situation. Here are some summaries: The Supreme Court issued these opinions, the most recent of which (listed first below) was announced this morning: Barla v. Cliffside Park Bd. of Educ., ___ N.J. ___ (2020). At issue, on cross-motions for summary judgment, was the effect of a 2015 collective bargaining agreement that reduced a cap on...

G.C. v. Division of Medical Assistance and Health Services, ___ N.J. Super. ___ (App. Div. 2020). Appellate review of an administrative agency regulation “begins with a presumption that the [Regulation is] both valid and reasonable.” Few challenges to such regulations can surmount that hurdle. Today, however, in an opinion by Judge Messano, the Appellate Division found grounds to invalidate an administrative regulation. The case involved a regulation promulgated by the Division of Medical Assistance and Health Services (“the Division”) of the New Jersey Department of...