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What's Hot in Workers' Comp

TOP 10 DEVELOPMENTS IN NEW JERSEY WORKERS’ COMPENSATION IN 2025

What’s Hot in Workers’ Comp, Vol. 29, No. 12, December 2025

December 1, 2025

by Kiara K. Hartwell

1.    Proposed bills to protect workers from heat-related illnesses and injuries

A-5022, a bill which establishes “Occupational Heat-Related Illness and Injury Prevention Program” and occupational heat stress standard in Department of Labor and Workforce Development, was first introduced and referred to the Assembly Labor Committee on November 14, 2024. On February 20, 2025, it was reported out with amendments and referred to the Assembly Appropriations Committee. In the absence of a heat stress standard by the Occupational Safety and Health Administration (OSHA), New Jersey is seeking to adopt one for the protection of workers against heat-related illnesses. The bill would require the Commissioner of the Department of Labor and Workforce Development to establish a heat stress standard by June 1, 2025. The standard would establish heat stress levels for employees that, if exceeded, trigger actions by employers to protect the employees from heat-related illness and require each employer to make and enforce a prevention plan. 

 

2.    The Appellate Division affirmed dismissal of workers’ compensation claims for failure to meet burden of proof
Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025)

The petitioner worked as a license certified nursing assistant (CNA) at Palace from 2008 to 2016. She began working for Cadbury in 2015, initially working shifts for both employers. She resigned from Palace in 2016 and worked for Cadbury full-time until she was terminated in June 2018. While working for Palace on June 5, 2013, she filed a workers’ compensation claim for a low back injury sustained while helping a patient out of bed, for which she received an award. In June 2018, the petitioner re-opened her case and, shortly thereafter, filed two additional claims against Cadbury. One was for an alleged incident on February 11, 2018, that aggravated her low back injury. The other occurred on June 8, 2018; alleging while picking up a resident, she injured her left hip, left knee and low back. Cadbury denied the claims. After the petitioner and Cadbury’s witnesses testified, the judge issued an order and written decision dismissing the claims against Cadbury, noting inconsistencies in the petitioner’s testimony and documents in evidence. The petitioner and Palace appealed. The Appellate Division affirmed, noting they found no abuse of discretion or plain error on the bifurcation decision and no confusion between legal and medical causation. 

 

3.    The Appellate Division affirmed summary judgment dismissal of negligence claims under the Workers’ Compensation Act
Jameel, etc. v. Dember, et al., No. A-1225-23 (April 28, 2025)

This negligence action against the defendants, Bayshore Community Medical Center (HMH) and Jennifer Dember, arose under the wrongful death and survivorship statues. On October 6, 2021, as the decedent was walking to work at HMH, Dember struck and killed her in the hospital’s employee parking lot. HMH noted it was paying dependency benefits to the decedent’s spouse. Taking into account the New Jersey Workers’ Compensation Act and its “intentional wrong” exception, the trial court granted summary judgment dismissal to HMH based on the Act and a lack of evidence of any intentional acts. The court also granted summary judgment dismissal to Dember under the Act’s co-employee immunity provision, noting that both Dember and the decedent were acting in the course of employment when the accident occurred. The plaintiff appealed. The Appellate Division concluded HMH’s decision to direct Dember and the decedent to use a lot with less safety protections did not constitute an intentional wrong. The Appellate Division also rejected the plaintiff’s arguments that the trial court erred in dismissing its claim against HMH as well as for punitive damages. With regard to Dember, the Appellate Division found the car accident arose in the course of employment, noting that the trial court’s dismissal under the Act’s co-employee bar was appropriate. 

 

4.    The Appellate Division affirms workers’ compensation judge’s decision on course and scope and dual employment issues
Vola v. City of Northfield and Vola v. Asplundh Tree Expert, No. A-1627-23 (May 14, 2025)

The petitioner was employed with Northfield Police Department and filed a workers’ compensation claim against the City of Northfield and subsequently against Asplundh Tree Expert for the March 31, 2021, accident. On that day, the petitioner reported for a volunteer extra traffic duty assignment and checked out a police car to meet the Asplundh trucks. He was struck by another car as he attempted to follow the Asplundh trucks. Asplundh denied joint employment and filed a motion to dismiss, which Northfield opposed. The judge noted that Asplundh was required to pay the petitioner and hold Northfield harmless as well as to add them to its certificate of insurance. He found this assignment began the moment the petitioner pulled out of the police building with his police car and both Northfield and Asplundh were responsible. He indicated Asplundh was a “joint special employer” and ordered them to reimburse Northfield. Asplundh appealed, arguing the judge erred in finding that it was a “joint special employer” as there was no contract, the petitioner was not paid wages by Asplundh, the assignment was made by Northfield and the petitioner did not interact with Asplundh employees. The Appellate Division rejected this contention, but it first addressed the “special mission doctrine” as raised by Northfield. The Appellate Division agreed that the petitioner was in the course and scope of his employment the moment he left the police headquarters, confirming his injuries were compensable under this doctrine. As for the joint employer argument, the Appellate Division relied on the judge’s decision, which was supported by sufficient, credible evidence that the petitioner was a dual employee. The Appellate Division ultimately affirmed the judge’s order.

 

5.    The Appellate Division affirmed a trial judge’s order dismissing claims in reviewing the intentional wrongdoing doctrine
Bunting v. Emil A. Schroth, Inc., et al., No. A-1972-23 (May 16, 2025)

The petitioner injured his foot while working for Emil A. Schroth, Inc. He was paid workers’ compensation benefits under Schroth’s carrier, New Jersey Manufacturers Insurance Company (NJM). Bunting filed a personal injury lawsuit against Schroth, alleging gross negligence and intentional wrongdoing. Bunting and Schroth entered into a consent judgment for $1.250 million, and Schroth assigned its rights to Bunting to pursue insurance coverage from the insurers—NJM, Great Northern Insurance Company and Chubb Insurance Company of New Jersey. The insurers denied defense and indemnity coverage for this accident and filed separate Rule 4:6-2(e) motions to dismiss the complaint with prejudice for failure to state a claim, arguing the policy exclusions and noting lack of coverage for intentional bodily injury applied. Bunting opposed and cross-moved for partial summary judgment. The motion judge issued an order granting the motions to dismiss and denying Bunting’s cross-motion for summary judgment. He rejected Bunting’s contention that the exclusion violated public policy and that the plain language excluded all intentional wrongs. Bunting appealed. The Appellate Division affirmed the order dismissing Bunting’s claims for coverage from the insurers. They confirmed the insurers are not obligated to provide defense nor indemnity coverage due to the exclusion due to Bunting’s allegation that Schroth’s intentional wrongdoing caused his injury.

 

6.    The Appellate Division affirmed summary judgment granted to defendants due to lack of intentional wrong and lack of Affidavits of Merit
Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025)

The plaintiffs appealed three orders granting summary judgment to Crisdel Group, Inc.; HAKS Engineers, Architects and Land surveyors, P.C.; and Johnson, Mirmiran & Thompson, Inc. (JMT) By way of background, Mr. Alexander was struck and killed by a sweeper truck while working in an active construction zone on the New Jersey Turnpike. Crisdel was the plaintiff’s employer and was hired as the general contractor. HAKS was retained by the New Jersey Transportation Authority to provide “professional services” for the resurfacing project, including supervision to ensure compliance. In October 2014, the plaintiffs filed a complaint; in January 2016, they amended to add claims against HAKS and JMT. In the amended complaint, they alleged intentional wrongs, noting that HAKS and JMT were responsible for supervision and had negligently supervised the project. Alexander and his estate received workers’ compensation benefits. After oral arguments, the trial court issued orders dismissing the claims, noting the negligence was in their professional capacities as engineers; therefore, Affidavits of Merit were needed. 

Following a denial of the motion for reconsideration in September 2017 and after the Appellate Division granted leave to appeal, the orders dismissing the claims against HAKS and JMT were reversed for a more complete record on whether the claims necessitated the Affidavit of Merit requirement. On remand, Crisdel moved for summary judgment. After oral arguments, the trial court granted summary judgment because the plaintiffs failed to produce evidence that Crisdel committed an intentional wrong or that this type of accident occurred in constructions areas. 

HAKS and JMT moved for summary judgment, arguing the plaintiffs’ claims involved professional engineering service malpractice claims. The trial court agreed and granted summary judgment, noting the expert reports and deposition testimony revealed the duties of HAKS and JMT were within the practice of engineering. As such, the plaintiffs needed to submit an Affidavit of Merit and their failure to do so required dismissal of their claims. 

The Appellate Division reviewed under the de novo standard and delved into the Workers’ Compensation Act and case law regarding intentional wrongs. The Appellate Division found no evidence of an intentional wrong within the meaning of the Act. As such, the Appellate Division affirmed the grant of summary judgment to Crisdel. In addition, as the undisputed evidence showed HAKS and JMT were providing professional engineering services and the plaintiffs failed to timely serve Affidavits of Merit, the Appellate Division affirmed the grant of summary judgment to HAKS and JMT.

 

7.    The Appellate Division reviewed the statute of limitations issues in a third-party case involving the employer
Weiss v. Borough of Franklin Lakes, et al., No. A-3831-22 (July 31, 2025)

The plaintiff was employed by Altona Blower & Sheet Metal Works and was tasked with designing, constructing and installing a firefighter training simulator purchased by the Borough of Franklin Lakes. During installation, the simulator fell from about 8.5 feet, striking the plaintiff in the head and torso. He was flown by helicopter to a trauma center. The plaintiff filed suit against the Borough, the Fire Department of Franklin Lakes and a division of Borough government (municipal defendants). The municipal defendants then filed a third-party complaint against Altona. After the court granted his motion to file an amended complaint, the plaintiff added Altona as a defendant. Altona moved for summary judgment due to the two-year statute of limitations. The court granted Altona’s motion, noting the plaintiff waited nearly three years after the accident to move for leave to amend the complaint and that he was well aware he could file against Altona as his employer. The municipal defendants also filed a motion for summary judgment, which the court granted, noting they were immune under the Tort Claims Act. The plaintiff moved for reconsideration, which the court denied. The plaintiff appealed, but the Appellate Division found the court did not deny the plaintiff his procedural due process during the Altona motion hearing based on the transcript. Also, the plaintiff should have been well aware of his claim against Altona, but he failed to file within the statute of limitations time period. The Appellate Division also found no basis to reverse the orders against the municipal defendants or the plaintiff in his reconsideration motion.

 

8.    The Appellate Division examined a disability finding by workers’ compensation judge
Brooks v. Rutgers, the State Univ. of N.J., No. A-1013-23 (August 7, 2025)

The petitioner worked for Rutgers as a custodian between 2000 and 2013, before he was terminated for being physically unable to perform his duties. The petitioner filed a workers’ compensation claim, alleging various injuries due to occupational exposure. While the parties resolved the pulmonary aspect of the claim, the petitioner filed a Verified Petition against the Second Injury Fund. While he admitted to prior health issues, he testified that his conditions worsened after working at Rutgers. He received injections to his low back and eventually underwent right knee replacement. The  petitioner did not wish to give up his job at Rutgers, but a disability retirement was suggested and eventually was sent a letter of termination. He then applied for disability retirement pension and Social Security Disability, receiving both after being found totally disabled. The workers’ compensation judge issued a written decision, noting the petitioner to be very credible and relying on the doctors’ testimonies to find his job aggravated the petitioner’s pre-existing conditions. The judge found 74% disability, apportioning for the bilateral hands, bilateral legs and lumbar spine, with a credit for pre-existing injuries to all except the left leg. The judge also dismissed the claim against the Second Injury Fund. Rutgers appealed, arguing the judge erred in finding causal relationship. The petitioner cross-appealed, arguing the judge erred in not finding him 100% disabled. The Appellate Division deferred to the judge’s determination of the degree of the petitioner’s disability and affirmed the order.

 

9.    The Appellate Division affirmed decision to direct respondent to provide authorized treatment
Peralta v. Silver Line Bldg. Prods., No. A-0370-24 (September 24, 2025)

On July 16, 2020, the petitioner was injured lifting glass while working for the respondent. He was referred by his primary care doctor to a specialist, who performed two emergent cervical spine surgeries. As such, the respondent denied compensability. A motion for medical and temporary benefits was filed, and the workers’ compensation judge found the first surgery in October 2020 (C5-6 anterior decompression and fusion) was compensable, but not the second in April 2021 (C2-T1 posterior fusion). The October 2023 decision directed the respondent to authorize the petitioner to return to his doctor, provide all recommended treatment, pay for the first surgery and provide temporary disability benefits. The doctor then recommended a third surgery (C7-T1 anterior discectomy and fusion). The respondent opposed, noting the second surgery was not compensable. The petitioner moved to enforce, and a trial was held before a second judge, who found the respondent should provide the third surgery. The respondent appealed. After reviewing the standard of review, the Appellate Division affirmed substantially for the reasons in the September 24, 2024, decision. A comment was added to address the res judicata and collateral estoppel arguments, noting they did not apply because the issue in the second trial was not the same as the one decided before. 

 

10.    A5792/S4590 signed into law

On August 21, 2025, Governor Murphy signed A5792/S4590 into law. This provides for workers’ compensation coverage of certain counseling services for first responders and provides that certain mental health related communications are confidential.  

What’s Hot in Workers’ Comp, Vol. 29, No. 12, December 2025 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 © 2023 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.

Firm Highlights

graphic with Maria Granaudo photo text announces she has joined the firm as a shareholder in the Health Care Dept.

News

Maria R. Granaudo Joins Marshall Dennehey’s Wilmington Office As a Shareholder in the Health Care Department

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Event

29th Annual FDLA Florida Liability Claims Conference

Jim and Erica will team up to present, "Supporting the Next Generation: Connecting with Associates." This panel-style presentation will explore communication best practices from the perspective of a senior shareholder and newer associate. The discussion will focus on the communication styles of different generations and effective strategies to avoid communication breakdowns. Topics to be discussed include the hiring process, perceptions of defense work among newer lawyers, work-life balance issues after hiring, and mentoring.

News

Christina Gonzales To Speak at the Women of Color Roundtable at DRI’s Diversity and Inclusion Seminar

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

News

Marshall Dennehey Again Earns Recognition in Distinguished Chambers USA

Thought Leadership

Marijuana Legalization and Workplace Risk: What New Jersey Employers Need to Know

While the legalization of recreational marijuana usage poses a risk of increased work-related accidents for younger workers, employers can work to curb this increase by investing in education, effective drug policies, and employee assistance programs.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.