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...

Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., 460 N.J. Super. 212 (App. Div. 2019). This was an abuse and neglect appeal under Title 9. B.H. was the boyfriend of H.S. He was accused of abusing or neglecting H.S.’s daughter, M.S. Title 9 defines “abused or neglected child” as one who is impaired, or in danger of impairment, due to the failure of his or her “parent...

In re Corbo, 238 N.J. 246 (2019). Justice Fernandez-Vina’s opinion for a 6-0 Supreme Court today (Justice Timpone did not participate) is unusual in that it addresses not the substantive issues involved, but the remedy imposed. The Civil Service Commission had issued a final agency decision removing Officer Corey Corbo from the Union City Police Department because he had ingested cocaine. Corbo appealed, and the Appellate Division reversed on the ground that there was “no competent evidence” to support removing Officer Corbo. But the panel did not remand the matter to allow...