eNotes: Workers’ Compensation – August 2024 – New Jersey

SIGNIFICANT CASE SUMMARIES

New Jersey Case Summary

Juan Polanvo Urena v A&D Freight Logistics, LLC, et. al.
NO. A-23-2-21
New Jersey Superior Court, Appellate Division

Decided: July 29, 2024

Background

The deceased owned and operated Triple Star Transport, LLC, that transported materials through A&D Container Logistics, LLC when he was involved in a work accident that resulted in his death. There were multiple insurers for these different companies. Claims were filed by the employee’s dependent against these companies and their insurers. The deceased’s insurance company, Hartford, defended the claim arguing that prior to this accident, a cancellation notice was sent to the insured advising that the policy would be cancelled on January 20, 2017, prior to its intended expiration date. The container and freight companies defended their claims-based employment. The workers’ compensation court found that Hartford’s cancellation was not proper as it did not comply with the statutory requirements for cancellation and that the decedent was in fact an employee of the freight company at the time of his death.

Holding

The New Jersey Superior Court, Appellate Division, held that the trial court did not err as the carrier failed to meet the requirements necessary to effectively cancel the insurance coverage set forth under N.J.S.A. 34:15-81(b). The Court found that there was enough evidence for the lower court’s finding that the deceased was a special employee of Freight Logistics.

Takeaway

Carriers must strictly comply with the statutory requirements to cancel insurance coverage for the cancellation to be valid.

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