Search Rutgers Law Library N.J. Court Opinions

1 CHARLOTTE M. BROOK VS JEFFREY A. APRIL, ET AL -- rank: 1000

... grounded upon the Workers' Compensation Law's prohibition against retaliation, N.J.S.A. 34:15-39.1, were subject to the immunities conferred by the Tort Claims ... in Dlugosz insofar as it bears upon the relationship between N.J.S.A. 34:15-39.1 and the Tort Claims Act. We nevertheless affirm the trial ... 5. However, the workers' compensation statute relied upon by plaintiffs, N.J.S.A. 34:15-39.1, was adopted in 1966, six years before the Tort Claims ... amendment extending the definition of "employers" to include public entities, N.J.S.A. 34:15-39.1 confers a civil remedy in the nature of a tort ... discharge of an employee for claiming workers' compensation benefits, see N.J.S.A. 34:15-39.1, and could expose a school board to suit by dismissed ... to be less amenable to the civil liability established in N.J.S.A. 34:15-39.1 than they are to the penal sanctions established in ...

docket:	a6140-94
court:	njappellate
decided:	1996-09-30
status:	published
citation:	294 N.J.Super. 90
Document Size:	28881

2 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 CARL E. LARSON v. CITY -- rank: 975

... Copygraphics , 85 N.J. 668 , 677 (1981) , the Court considered N.J.S.A. 34:15-39.1, which prohibits an employer from "discharg[ing] or in any ... of action for civil redress for a retaliatory firing" under N.J.S.A. 34:15-39.1 for employees who are discriminated against or discharged for claiming ... a common law claim based on an alleged violation of N.J.S.A. 34:15-39.1, not the LAD. The court therefore erred in finding the ...

docket:	a2526-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	60024

3 JOHN LANCE v. CITY OF CAMDEN -- rank: 940

... benefits, in violation of the Workers' Compensation Act (WCA), specifically N.J.S.A. 34:15-39.1. Plaintiff further alleged in count four that he had been ... court asked the parties to address the question of whether N.J.S.A. 34:15-39.1 or N.J.S.A. 34:15-39.2 permits ... submit to a drug test. The court concluded that neither N.J.S.A. 34:15-39.1 nor N.J.S.A. 34:15-39.2 recognizes ... he shall not be entitled to such restoration and compensation. [ N.J.S.A. 34:15-39.1.] The WCA additionally provides that As an alternative to any ... 1981). Such a retaliatory discharge is "specifically declared unlawful under N.J.S.A. 34:15-39.1 and 39.2." Ibid. Furthermore, a cause of action for ... in addition to the penal and administrative remedies provided by N.J.S.A. 34:15-39.1 and -39.2. Ibid. Here, plaintiff claimed that the ...

docket:	a3517-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	27770

4 James v. Board of Trustees of the Public Employees' Retirement System -- rank: 919

... employee has filed for or is receiving workers' compensation benefits. N.J.S.A. 34:15-39.1. Nor does a later awarded workers' compensation benefit reinstate a ...

docket:	a-21-99
court:	njsupreme
decided:	2000-06-20
status:
citation:	164 N.J. 396
Document Size:	51078

5 State of New Jersey, Department of Corrections v. International Federation of Professional and Technical Engineers, Local 195 -- rank: 891

... pay for the period of an improper suspension or dismissal); N.J.S.A. 34:15-39.1 (allowing award of back pay to employee discriminated against because ...

docket:	a-20-00
court:	njsupreme
decided:	2001-07-12
status:
citation:	169 N.J. 505
Document Size:	127150

6 RALPH NUNEZ v. MIDDLESEX COUNTY COLLEGE -- rank: 884

... N.J.S.A.10:5–1 to -42, and N.J.S.A. 34:15-39.1, the anti-retaliation provision of the Workers' Compensation Act (WCA ... perceived disability. IV. 'The essential elements of a claim under N.J.S.A. 34:15-39.1 require . . . proof: '(1) that [plaintiff] made or attempted to make ... that other plaintiffs demonstrated a prima facie case pursuant to N.J.S.A. 34:15-39.1 enabling them to survive summary judgment. See, e.g., Carter ...

docket:	a0484-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-22
status:	Unpublished
citation:
Document Size:	33719

7 SUSAN RAUCH v. DRAZIN AND WARSHAW -- rank: 870

... retaliatory discharge in violation of the Workers' Compensation Act, specifically N.J.S.A. 34:15-39.1, the Law Against Discrimination (LAD), N.J.S.A. 10 ... compensation claim and plaintiff's termination to show defendant violated N.J.S.A. 34:15-39.1. Plaintiff refers to a number of events that occurred in ... was correct. Prudential , supra , 307 N.J. Super. at 167. N.J.S.A. 34:15-39.1 provides, in relevant part, It shall be unlawful for any ...

docket:	a5445-05
court:	njappellate
decided:	2008-03-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	76509

8 KLETZKIN V. BOARD OF EDUCATION OF THE BOROUGH OF SPOTSWOOD, MIDDLESEX COUNTY -- rank: 870

... discharge of an employee for claiming workers' compensation benefits, see N.J.S.A. 34:15-39.1, and could expose a school board to suits by dismissed ... v. Copygraphics , 85 N.J. 668 , 671 (1981) (holding that N.J.S.A. 34:15-39.1 and -39.2 establish common-law cause of action for ...

docket:	a-32-93
court:	njsupreme
decided:	1994-06-29
status:
citation:	136 N.J. 275
Document Size:	43780

9 BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS TRUSTEE v. LOUIS R. DELGADO and ANN DELGADO, husband et al. -- rank: 863

... that petitioner would have had a cause of action under N.J.S.A. 34:15- 39.1 for interference with petitioner's workers' compensation rights. The union ...

docket:	A0716-00
court:	NJ Superior Court Appellate Division
decided:	2001-10-09
status:	published
citation:
Document Size:	51418

10 JOSEPH PECK, JR. v. NEWARK MORNING LEDGER COMPANY -- rank: 863

... that petitioner would have had a cause of action under N.J.S.A. 34:15- 39.1 for interference with petitioner's workers' compensation rights. The union ...

docket:	a5750-99
court:	njappellate
decided:	2001-10-05
status:	published
citation:	344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169
Document Size:	46035

11 /usr/local/share/www/libweb/collections/courts/appellate/a1761-18.opn.html -- rank: 838

... against an employee who seeks benefits for work-related injuries. N.J.S.A. 34:15-39.1. In order to establish a prima facie case for retaliatory ...

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court:
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Document Size:	30467

12 RONALD C. MASON v. ZOOM TECHNOLOGY, INC. -- rank: 817

... Pierce claim was appropriate as a matter of law. B N.J.S.A. 34:15-39.1 provides in pertinent part: It shall be unlawful for any ... because such a retaliatory firing is specifically declared unlawful under N.J.S.A. 34:15-39.1 and 39.2. Lally v. Copygraphics , 85 N.J. 668 ...

docket:	a0727-08
court:	superior court appellate division
decided:	2010-08-03
status:	unpublished
citation:
Document Size:	91863

13 YOUNG V. SCHERING CORPORATION -- rank: 771

... terminating an employee for filing a workers' compensation claim, see N.J.S.A. 34:15-39.1 to -39.2, a judicial cause of action was not ...

docket:	a-113-94
court:	njsupreme
decided:	1995-07-11
status:
citation:	141 N.J. 16
Document Size:	52948

14 BRIAN HEJDA v. BELL CONTAINER CORPORATION -- rank: 768

... bargaining agreement." Ibid. The essential elements of a claim under N.J.S.A. 34:15-39.1 10 require similar proof: "(1) that [Hejda] made or attempted ... Div. 2014), which was reversed by the Supreme Court. 10 N.J.S.A. 34:15-39.1 makes it unlawful "to discharge or in any other manner ...

docket:	a3502-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-09
status:	published
citation:	450 N.J.Super. 173 160 A.3d 741
Document Size:	60816

15 VICKI PALMER Cross- v. SHORE CULINARY LLC -- rank: 736

... have been the victim of retaliatory discrimination, in violation of N.J.S.A. 34:15-39.1," for pursuing a workers' compensation claim "may elect to pursue ... absent proof of invidious discrimination, an evil specifically addressed by N.J.S.A. 34:15-39.1, we cannot conclude that the Legislature intended the private remedy ...

docket:	a1040-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-18
status:	unpublished
citation:
Document Size:	69965