The Supreme Court announced that it will review two more cases. One of them is before the Court as of right, by virtue of a dissent in the Appellate Division. In the other case, the Court granted certification.
Allen v. Cape May County produced a 2-1 split in the Appellate Division. The Law Division granted summary judgment to defendants, but the Appellate Division reversed in an unpublished opinion. Judge Accurso filed a lengthy dissent, which permitted defendants to appeal to the Supreme Court as of right. The question presented, as phrased by the Supreme Court Clerk’s office, is “In this action alleging retaliation under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8, were there material issues of fact that precluded the grant of summary judgment to defendants?”
In Goulding v. NJ Friendship House, Inc., the question presented is “Is this employee entitled to benefits under the Workers’ Compensation Act, specifically N.J.S.A. 34:15-7, for injuries that occurred while she was volunteering at her employer’s “Family Fun Day” event?” A Workers Compensation judge denied benefits, holding that the employee was injured during a recreational or social activity and that her participation in that event was neither a regular part of her employment nor one that benefited her employer. In an unpublished opinion by a two-judge panel, the Appellate Division affirmed. The Supreme Court granted certification and will now be heard from.