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What's Hot in Workers' Comp

What’s Hot in Workers' Comp – Special NJ Alert

Change in New Jersey WC Law for Injuries to Volunteer and Professional Public Safety and Emergency Personnel

January 26, 2024

by Jessica Wojcik Gordon

On January 16, 2024, the Governor of New Jersey signed A-5909/S-4267 into law. The amendment revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and emergency personal. The bill amends N.J.S.A. 34:15-7.3, adding that a response to an emergency, including remediating work thereafter, is sufficient work to cause injury or death to be compensable.

Section 7.3 of the statue holds that, should a cardiovascular or cerebrovascular injury or death occur to an individual covered by this section while engaged in a response to an emergency, there shall be a rebuttable presumption that the injury or death is compensable, if that injury or death occurs while the individual is responding, under orders from a competent authority, to a law enforcement, public safety or medical emergency. This amendment now includes “remediating from” an emergency as a compensable action. This has been defined to mean leaving an emergency in a reasonable period of time, not to exceed 24 hours from the end of the emergency, to carry out post-incident agency protocols and decompression, including things such as critical incident stress debriefings.

The presumption of compensability is rebuttable by use of such things as horseplay, skylarking, self-infliction, voluntary intoxication and illicit drug use among other defenses. Clear and convincing medical evidence that the work experience was not a substantial cause of the cardiovascular or cerebrovascular injury is needed to overcome the presumption. 

The Bill also expands coverage under this section to include career emergency medical technicians and paramedics employed the state, municipalities, or private sector employers who engage in public emergency medical and rescue services.
 
The amendments are effective immediately and apply to all applicable injuries and deaths for which claims are pending on the date of enactment. 

The Bill addresses the concerns of public safety personnel and first responders about, not only the physical toll in responding to emergencies, but also the emotional and environmental stressors that continue after the immediate response to an emergency has ended. It has yet to be seen how this amendment will impact the number of claims filed as the covered activities have been expanded but, also, the number of covered employees who are now afforded benefits under this section of the statute.

 

What’s Hot in Workers’ Comp – Special NJ Alert – January 26, 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. 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Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. 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