'Reinstating' Dismissed Claims In New Jersey
A recent case, decided March 1, 2010, explores what
'good cause' means in the context of 'reinstating' a
dismissed New jersey Workers' compensation case.
Claims can be dismissed under N.J.S.A. 34:15-54
('Section 54') for a variety of reasons, ranging from
a claimant's failure to provide discovery, for
failing to abide by a prior order of Court, or for
lack of prosecution. Section 54 also provides that a
dismissed case can be restored "within one year" and
if the claimant shows "good cause" for reinstatement.
The Compensation Judge in Metrick v. United Parcel Service, A-4132-08T1 (App. Div. Decided March 1, 2010), denied the motion for the claimant to restore the dismissed claimant to the active trial list. According to the compensation judge, the claimant failed to show 'good cause' as to why the claim should be reinstated. The Appellate Division upheld the reinstatement.
The Compensation Judge in Metrick v. United Parcel Service, A-4132-08T1 (App. Div. Decided March 1, 2010), denied the motion for the claimant to restore the dismissed claimant to the active trial list. According to the compensation judge, the claimant failed to show 'good cause' as to why the claim should be reinstated. The Appellate Division upheld the reinstatement.
