eNotes: Workers’ Compensation – April 2024 – New Jersey

SIGNIFICANT CASE SUMMARIES

New Jersey Case Summary

Latshaw v. Lakewood Twp. Police Dep’t,
No. A-3702-21
Superior Court of New Jersey, Appellate Division

Decided: March 25, 2024

Being paid while running errands may not be sufficient to establish that a petitioner was in the course and scope of employment.

Background:

The Petitioner was a dispatcher for a police department in New Jersey. She was injured in a motor vehicle accident in her personal vehicle on her way back to her workplace after taking her dinner break. The Petitioner filed a claim alleging she sustained permanent injuries to her cervical and lumbar spines and left leg with exacerbation of a preexisting left ankle injury. After her trial testimony, the Respondent moved for a dismissal of the claim on the basis that the Petitioner’s injuries were outside of the scope of her employment, as she was injured while performing a personal errand. The Judge of Compensation agreed and granted Respondent’s Motion to Dismiss. The Petitioner appealed.

Holding:

The Appellate Division, in a de novo review, addressed the issue of whether the Petitioner’s accident occurred during the course and scope of her employment under N.J.S.A 34:15-36. The Appellate Division affirmed the Judge of Workers’ Compensation’s decision. The Court applied this statute and relied on Sarzillo v. Turner Construction Co., 101 N.J. 114, 120-23 (1985), and Jumpp v. City of Ventnor, 177 N.J. 470, 482-86 (2003). The Court declined to consider changing the analysis of these claims to consider “positional risk” among other elements.

Takeaway:

This case is a reminder that issues pertaining to the course and scope employment will be analyzed using the rule set forth in N.J.S.A. 35:15-36 and prior case law when injuries are sustained while running personal errands. Even the fact that a petitioner was paid during those errands fails to connect with the petitioner’s employment duties enough to establish being in the course and scope of employment.

Questions regarding this case can be directed to Theresa M. Garvin-Keyser at (856) 334-0437 or tgarvin@tthlaw.com.