Search Rutgers Law Library N.J. Court Opinions

16 Sandra E. Brower v. ICT Group -- rank: 647

... employment, excluding areas not under the control of the employer.” N.J.S.A. 34:15-36.     The premises rule is based on the notion that an ... certif. denied , 133 N.J. 435 (1993). The phrase in N.J.S.A. 34:15-36, “excluding areas not under the control of the employer,” “does ... many of the statutes we are called on to interpret, N.J.S.A. 34:15-36 comes to us with a wealth of judicial and legislative ... Brendan Byrne signed them into law on January 10, 1980. N.J.S.A. 34:15-36 (as amended by L. 1979, c. 283, § 12). Judge Alfred ... when the employee leaves the employer's place of employment . . . .” N.J.S.A. 34:15-36. The subsequent phrase, “excluding areas not under the control of ... Livingstone or Novis .     The next case in which we applied N.J.S.A. 34:15-36 was Kristiansen v. Morgan , 153 N.J. 298 , 316 ( ...

docket:	a-40-99
court:	njsupreme
decided:	2000-07-13
status:
citation:	164 N.J. 367
Document Size:	80945

17 MICHAEL P. JOHNSON - v. HAMILTON TOWNSHIP -- rank: 644

... to a material degree of an employee's working ability. [ N.J.S.A. 34:15-36 (emphasis added).] The Legislature added that definition to the statute ... or organs' and the claimant's ability to work," quoting N.J.S.A. 34:15-36). Temporary disability is not expressly defined in the statute. James ... of "disability permanent in quality and partial in nature" in N.J.S.A. 34:15-36, quoted above. See Perez , supra , 95 N.J. at 110 ...

docket:	a0039-12
court:	NJ Superior Court Appellate Division
decided:	2013-04-01
status:	unpublished
citation:
Document Size:	33398

18 NANCY L. HOLM v. DANIEL M. PURDY -- rank: 642

... or renewed, to obtain coverage for the' LLC's members. N.J.S.A. 34:15-36. '[T]he election may only be made at purchase or ... no damages because of the lack of coverage. We agree. N.J.S.A. 34:15-36 imposes a non-waivable duty on an insurance broker to ... availability of workers' compensation coverage for . . . [LLC] members or partners.' N.J.S.A. 34:15-36. The application must also 'contain a notice of election of ... Christopher, the new LLC members, with notice as required under N.J.S.A. 34:15-36 and failed to inform them that they were no longer ...

docket:	a1529-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-16
status:	Unpublished
citation:
Document Size:	66138

19 Diana G. Brunell v. Wildwood Crest Police Department -- rank: 639

... nature of the disability and its relation to the employment.” N.J.S.A. 34:15-36. In the occupational disease context, “knowledge of the ‘nature’ of ...

docket:	a-126-01
court:	njsupreme
decided:	2003-05-21
status:
citation:	176 N.J. 225
Document Size:	113411

20 DENNIS BURGOS v. RJS ASSOCIATES LANDSCAPING, INC. -- rank: 634

... that he "was not a casual employee as defined by N.J.S.A. 34:15-36 and, thus, not excluded from receiving workers' compensation benefits from ... the employer, as employment not regular, periodic or recurring . . . .” N.J.S.A. 34:15-36. Here, the judge found that either definition of a casual ... findings. Despite what appears to be clear statutory language in N.J.S.A. 34:15-36, the Supreme Court long ago recognized that the “statutory ... work to have been “regular, periodic or recurring.” N.J.S.A. 34:15-36. In DeMarco v. Bouchard , 274 N.J. Super. 197 , 199 ... that his work was “regular, periodic or recurring.” N.J.S.A. 34:15-36. Independent Contractor Burgos also contends that he is not an ... he will be considered an employee within the purview of N.J.S.A. 34:15-36. See Caicco v. Toto Bros., Inc. , 62 N.J. ...

docket:	a2496-09
court:	superior court appellate division
decided:	2010-12-10
status:	unpublished
citation:
Document Size:	34022

21 CONSTANCE WHITE v. BED BATH & BEYOND -- rank: 629

... definition of disability rather than applying the statutory definition in N.J.S.A. 34:15-36. point iii the decision of the judge of compensation is ... J. 165 (1989)), certif. denied , 122 N.J. 372 (1990). N.J.S.A. 34:15-36 defines "[d]isability permanent in quality and partial in character ... definition of disability rather than applying the statutory definition in N.J.S.A. 34:15-36." This contention also finds no support in the record. The ...

docket:	a2919-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-17
status:	unpublished
citation:
Document Size:	30243

22 ADI KOTLER - v. DCH MOTORS LLC -- rank: 629

... of this case distinguish it from the "premises rule" of N.J.S.A. 34:15-36, which excludes injuries sustained during an employee's going to ... employment, excluding areas not under the control of the employer." N.J.S.A. 34:15-36. Known as the "premises rule," this definition "is based on ... exception is codified within the definition of employment contained in N.J.S.A. 34:15-36. The statute allows for compensability of off-premises injuries if ... direct performance of duties assigned or directed by the employer." N.J.S.A. 34:15-36; Zelasko v. Refrigerated Food Express , 128 N.J. 329 , 336 ... supra , 128 N.J. at 335. The plain language of N.J.S.A. 34:15-36 allows the special mission exception to be applied only to ... normal work schedule does not alter the basic restrictions of N.J.S.A. 34:15-36 to injuries that occur while the employee is at ...

docket:	a0592-13
court:	NJ Superior Court Appellate Division
decided:	2014-06-11
status:	unpublished
citation:
Document Size:	33454

23 GREGORY VAN SCIVER v. JERSEY MECHANICAL CONTRACTORS, INC - -- rank: 627

... operation of a vehicle on business authorized by the employer. [N.J.S.A. 34:15-36.] A-3524-20 10 An employee's injury arises out ... the going-and- coming rule that have been codified in N.J.S.A. 34:15-36. See Livingstone, 111 N.J. at 101 n.4. One ... of their duties.' Jumpp, 177 N.J. at 483; see N.J.S.A. 34:15-36. Employees may also be entitled to compensation if their employer ... Super. at 398-99 A-3524-20 15 (noting that N.J.S.A. 34:15-36 prescribes just two conditions for the application of the special ...

docket:	a3524-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-15
status:	Unpublished
citation:
Document Size:	32167

24 James Earl v. Johnson & Johnson -- rank: 627

... of the statute of limitations. (pp. 7-10) 3. Under N.J.S.A. 34:15-36, it is possible to have a work-related health problem ... 1996 disclosed that Earl's disability had increased.     According to N.J.S.A. 34:15-36, permanent partial disability is a permanent impairment caused by a ... meaning of this definition. As acknowledged by the Legislature in N.J.S.A. 34:15-36, minor respiratory conditions are not compensable. This is because many ...

docket:	a-31-98
court:	njsupreme
decided:	1999-05-17
status:
citation:	158 N.J. 155
Document Size:	44027

25 ROBERT JUMPP, JR. v. CITY OF VENTNOR -- rank: 622

... direct performance of duties assigned or directed by the employer . . . ." N.J.S.A. 34:15-36. We affirm.     Petitioner's duties entailed visiting sewer pumping stations ... statute as interpreted in Ward , that it is not compensable . . . .      N.J.S.A. 34:15-36 (§ 36) provides in pertinent part:             Employment shall be deemed to ... employment, excluding areas not under the control of the employer . . . ." N.J.S.A. 34:15-36. Often, the issue raised in cases involving application of this ... direct performance of duties assigned or directed by the employer." N.J.S.A. 34:15-36 (emphasis added). The employee is satisfying a personal need, the ...

docket:	a4728-00
court:	njappellate
decided:	2015-05-17
status:	published
citation:	351 N.J. Super. 44
Document Size:	26076

26 AUDREY KERNAN v. STATE OF NEW JERSEY - -- rank: 622

... from home to work, or vice versa, are not compensable. N.J.S.A. 34:15-36. Alternatively, "accidents occurring outside areas controlled by the employer are ... barred by the "going and coming" rule. As stated above, N.J.S.A. 34:15-36 generally bars recovery for injuries suffered commuting to and from ... Super. 441 , 446-47 (App. Div. 2008). With few exceptions, N.J.S.A. 34:15-36 limits compensability to those injuries sustained on the employer's ... normal working hours and receiving her salary for that time. N.J.S.A. 34:15-36. Since petitioner was traveling directly from home to work, this ... job site." Zelasko , supra , 128 N.J. at 336; see N.J.S.A. 34:15-36. In Nebesne v. Crocetti , we determined that "[r]egardless of ...

docket:	a4261-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-19
status:	Published
citation:
Document Size:	40047

27 ANTHONY DIFABRIZIO v. US AIRWAYS -- rank: 601

... J. 165 (1989), certif. denied , 122 N.J. 372 (1990)). N.J.S.A. 34:15-36 defines "[d]isability permanent in quality and partial in character ...

docket:	a1497-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	26218

28 FRANK DELLE DONNE v. SHIKI JAPANESE STEAKHOUSE OF MIDDLETOWN -- rank: 601

... leaves the employer's place of employment. . . ." Ibid. (codified at N.J.S.A. 34:15-36). The Legislature also recognized an exception for off-premises missions ... d] at [his] . . . place of employment to report for work." N.J.S.A. 34:15-36. We find inapplicable the "special mission" exception to the "going ... we relied in part on the language in section 36, N.J.S.A. 34:15-36, that "when the employee is required by the employer to ... to be away from the employer's place of employment." N.J.S.A. 34:15-36. He was on his way to his usual workplace. Third ... direct performance of duties assigned or directed by the employer." N.J.S.A. 34:15-36. I n contrast, petitioner here was not required to be ...

docket:	a1919-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-18
status:	unpublished
citation:
Document Size:	23970

29 FELIPE RAMOS V. M & F FASHIONS, INC. V. SECOND INJURY FUND -- rank: 599

... by falling into the elevator shaft. SIF urges that under N.J.S.A. 34:15-36 petitioner cannot receive Workers' Compensation benefits because the freight elevator ... instant circumstances. See Zelasko , supra , 128 N.J. at 336.      N.J.S.A. 34:15-36 defines employment as follows:      Employment shall be deemed to commence ... direct performance of duties assigned or          directed by the employer; . . .     [ N.J.S.A. 34:15-36 (emphasis supplied).]     A critical issue in the instant matter thus ... J. at 336. Notably, the word "control", as used in N.J.S.A. 34:15-36, is not to be interpreted in the "formal property law ... of its business as satisfying the requisite control element of N.J.S.A. 34:15-36. Ibid. In distinguishing the facts from its earlier holding in ... the premises at 8:00 a.m. As indicated by N.J.S.A. 34:15-36, employment shall be deemed to commence when an employee ...

docket:	a4147-95
court:	njappellate
decided:	1997-06-11
status:	published
citation:	302 N.J.Super. 24
Document Size:	26917

30 /usr/local/share/www/libweb/collections/courts/appellate/a1916-15a0022-16.opn.html -- rank: 596

... when the employee leaves the employer's place of employment . . . .' N.J.S.A. 34:15-36. This so-called 'premises rule' generally bars compensation for accidents ... authorized vehicle' for travel to and from 'a job site.' N.J.S.A. 34:15-36. We need not explore the limits of these exceptions, as ... travel in a ridesharing arrangement as a condition of employment.' N.J.S.A. 34:15-36. 'Ridesharing' includes 'carpools.' Ibid. Arguably, Minter was so compelled to ... A-1916-15T4 . . . .' 382 N.J. Super. at 238 (quoting N.J.S.A. 34:15-36). Such consideration may be indirect, as is typical of lent ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	49725