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46 DALE SCOTT v. FOODARAMA SUPERMARKETS -- rank: 559

... It asserts that the judge of workers' compensation incorrectly applied N.J.S.A. 34:15-36 to the facts of this case. The standard for appellate ... the time spent traveling to and from a job site . . . . [ N.J.S.A. 34:15-36 (emphasis added).] The statute recognizes two types of employment. "On ... direct performance of duties assigned or directed by the employer." N.J.S.A. 34:15-36. This general rule has long been known as the "going ... was an anachronism in light of the 1979 amendment to N.J.S.A. 34:15-36, confining the exception to the going-and-coming rule to ... the purpose of publication. Prior to the 1979 amendment to N.J.S.A. 34:15-36, which defined "employment" for the first time in the Workers ...

docket:	A3936-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-27
status:	published
citation:	398 N.J.Super. 441 942 A.2d 107
Document Size:	44039

47 /usr/local/share/www/libweb/collections/courts/supreme/a4574-15.opn.html -- rank: 556

... benefits. Ibid. (quoting N.J.S.A. 34:15-7). N.J.S.A. 34:15-36 provides in pertinent part: Employment shall be deemed to commence ... the Workers' Compensation Act, updating the definition of 'employment' [in N.J.S.A. 34:15-36] to be more restrictive." Id. at 244; see also Jumpp ... direct performance of duties assigned or directed by the employer[.]" N.J.S.A. 34:15-36. Moreover, to the extent that the cases relied on by ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20367

48 LYNN PILONE v. COUNTY OF MIDDLESEX - -- rank: 554

... was injured, and erroneously relied on a different portion of N.J.S.A. 34:15-36: Employment shall be deemed to commence when an employee arrives ... employer[.] Petitioner asserts the second half of that sentence in N.J.S.A. 34:15- -36, which was not discussed in Hersh, is more applicable here ... she was not required to go the donut shop. Although N.J.S.A. 34:15-36 extends compensability to duties assigned or directed by the employer ...

docket:	a1676-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-15
status:	Unpublished
citation:
Document Size:	16332

49 DIANE JOHANTGEN - v. BRANDYWINE SENIOR CARE CENTER -- rank: 551

... The judge's finding was supported by substantial credible evidence. N.J.S.A. 34:15-36 defines "employee" as synonymous with servant, and includes all natural ... L. 661 (E. & A. 1948)).] The definition of employee in N.J.S.A. 34:15-36 "'is a broad definition which includes relationships not ordinarily considered ... if an individual is an 'employee' within the meaning of N.J.S.A. 34:15-36 or an independent contractor, the courts developed two tests: (1 ... dispositive of whether she should be considered an employee under N.J.S.A. 34:15-36. See id. at 405-07. The petitioner established her economic ... that petitioner was respondent's employee within the meaning of N.J.S.A. 34:15-36, and therefore entitled to workers' compensation benefits for injuries sustained ...

docket:	a4883-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-31
status:	unpublished
citation:
Document Size:	34199

50 MANUEL LAMBOUR v. ADAMAR OF NEW JERSEY INC -- rank: 549

... 387 (App. Div.), certif. denied , 192 N.J. 477 (2007); N.J.S.A. 34:15-36 (defining "disability permanent in quality and total in character"). There ...

docket:	a4739-08
court:	superior court appellate division
decided:	2011-01-11
status:	unpublished
citation:
Document Size:	44911

51 NICKEMEA WHITFIELD v. BONANNO REAL ESTATE GROUP -- rank: 546

... being synonymous with "master" and "servant." Id. at 497 (citing N.J.S.A. 34:15-36). We continued: In our view . . . whenever there is a dispute ...

docket:	a2830-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-12
status:	published
citation:	419 N.J. Super. 547 17 A.3d 855
Document Size:	68642

52 PATRICIA PERRY VS STATE OF NJ, DEPT. OF LAW & PUBLIC SAFETY, DIV. OF STATE POLICE -- rank: 541

... an employee-owned [sic] vehicle which is compensable as per N.J.S.A. 34:15-36.     The sole issue before us is whether petitioner was acting ... The State urges that the "going and coming rule" under N.J.S.A. 34:15-36 should govern to prevent petitioner from getting Workers' Compensation benefits ... employment," L. 1979, c. 282, § 12, as set forth in N.J.S.A. 34:15-36. Id. at 335. The Legislature also declared that the intent ... for S.802 & A.840 , at 1 (Nov. 13, 1979)).      N.J.S.A. 34:15-36 defines employment as follows:         Employment shall be deemed to commence ... not "`on business authorized by the employer,'" as required under N.J.S.A. 34:15-36. Id. at 352.     Additionally, we must be cognizant of the fact that the Legislature specifically provided in N.J.S.A. 34:15-36 that a police officer is considered as acting in ...

docket:	a2281-95
court:	njappellate
decided:	1996-12-27
status:	published
citation:	296 N.J.Super. 158
Document Size:	17708

53 JESUS RUVALCABA - v. MEGA CONSTRUCTION CORPORATION -- rank: 536

... The statutory definition of permanent, total disability is found in N.J.S.A. 34:15-36: "'Disability permanent in quality and total in character'" means a ... J. at 9. The odd-lot doctrine is codified in N.J.S.A. 34:15-36, which states: "Factors other than physical and neuropsychiatric impairments may ...

docket:	a5706-06
court:	njappellate
decided:	2008-07-14
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37869

54 HECTOR VALCARCEL v. FSA MANAGEMENT CO., INC. -- rank: 536

... justice." I bi d . The pertinent statutory provision here is N.J.S.A. 34:15-36, which was enacted in 1980. It defines the worker's ... operation of a vehicle on business authorized by the employer. [ N.J.S.A. 34:15-36 (emphasis added).] This provision has been interpreted by our courts ... The Court agreed with our own observation in Jumpp that N.J.S.A. 34:15-36 expressed a "clear legislative mandate sharply curtailing compensability for off ... Based upon that legislative policy, and the express terms of N.J.S.A. 34:15-36, the Court determined that: [i]n cases involving an alleged ... an area "not under the control" of his employer, FSA. N.J.S.A. 34:15-36. It is also uncontroverted that Valcarcel was not engaged in ... the phrase "traveling to and from a job site" in N.J.S.A. 34:15-36 to provide him with coverage in these circumstances. Under ...

docket:	A4001-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-14
status:	unpublished
citation:
Document Size:	35151

55 ALBERT TERHUNE, JR. VS. PORT AUTHORITY OF NEW YORK AND NEW JERSEY -- rank: 533

... was not on a 'special mission' within the meaning of N.J.S.A. 34:15-36, because he was not 'in direct performance of his job ... Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). N.J.S.A. 34:15-36 was amended in 1979 to restrict the previously broad coverage ... when the employee leaves the employer's place of employment.' N.J.S.A. 34:15-36. The statute also provides, 'when the employee is required by ... from the employer's place of employment. Id. at 58; N.J.S.A. 34:15-36. N.J.S.A. 34:15-7 states an injured ...

docket:	a3206-22
court:	appellate
decided:	2024-05-06
status:	Unpublished
citation:
Document Size:	18031

56 Estate of Myroslava Kotsovska v. Saul Liebman -- rank: 533

... perform a service for an employer for financial consideration[.]” N.J.S.A. 34:15-36. 5 By contrast, independent contractors, which are not addressed in ...

docket:	A-89-13
court:	NJ Supreme Court
decided:	2015-06-11
status:
citation:	221 N.J. 568 116 A.3d 1
Document Size:	108692

57 STEVEN PORTNOFF v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 531

... not constitute permanent disability within the meaning of this definition. [ N.J.S.A. 34:15-36.] The Court concluded that the revised definition expressly contemplates consideration ... or marked improvement in such condition can be reasonably expected." N.J.S.A. 34:15-36. More particularly, "[t]otal permanent disability is found if the ...

docket:	A1442-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-25
status:	published
citation:	392 N.J. Super. 377 920 A.2d 761
Document Size:	69805

58 IVO ZRNO - v. WEGMAN'S -- rank: 528

... compensation judge erred as a matter of law in applying N.J.S.A. 34:15-36 and N.J.S.A. 15-31. Wegman's seeks ... work related injury or condition resulting in permanent disability. See N.J.S.A. 34:15-36. "A worker simply has no claim unless he can demonstrate ... work related injury or condition resulting in permanent disability. See N.J.S.A. 34:15-36. All of these subsequent jobs required physical activity, including lifting ...

docket:	a4025-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-27
status:	unpublished
citation:
Document Size:	98078

59 MEGHAN RYAN-WIRTH v. HOBOKEN BOARD OF EDUCATION - -- rank: 518

... occurred 'in the course of employment,' noting that pursuant to N.J.S.A. 34:15-36, employment 'commence[s] when an employee arrives at the employer ...

docket:	a0656-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-08
status:	Unpublished
citation:
Document Size:	31281

60 DENISE TORRES - v. VERIZON COMMUNICATIONS - and SECOND INJURY FUND -- rank: 513

... disability. Burnell , supra , 176 N.J. at 237. Pursuant to N.J.S.A. 34:15-36: "Disability permanent in quality and total in character" means a ... of pain or discomfort without accompanying 'demonstrable objective medical evidence,' N.J.S.A. 34:15-36, does not satisfy a petitioner's burden of proving the ... record. Finally, without deciding whether such proof is required, see N.J.S.A. 34:15-36; Perez , supra , 95 N.J. at 116, we simply note ...

docket:	a2777-08
court:	superior court appellate division
decided:	2009-12-07
status:	unpublished
citation:
Document Size:	39060