11-2- 9016 Bernetich, Hatzell & Pascu v. Medical Records Online, App. Div. (Ostrer, J.A.D.) (17 pp.) We conclude in this appeal that a hospital’s medical records processor may not enforce a mandatory arbitration clause that it included in its invoice to a patient’s attorney in response to a request for records. The hospital, and the processor acting as its agent, had a pre-existing legal duty under state law to provide the patient’s records upon the payment of a cost-based fee and nothing more. Performance of an undisputed legal duty is not consideration. Restatement (Second) of Contracts, § 73 (1981). Consequently, the records requester’s alleged bargain to arbitrate any dispute related to the invoice was unsupported by consideration, and therefore unenforceable. We therefore affirm the trial court’s order denying the records processor’s motion to compel arbitration of a dispute over its invoice. (Approved for Publication)
39-2-9043 Ardan v. Bd. of Review, Lourdes Med. Ctr. of Burlington Cnty., (Simonelli, J.A.D.) (15 pp.) App. Div. Appellant was employed as a registered nurse at Lourdes Medical Center of Burlington County for approximately two years. She obtained a “desk job” with another employer prior to resigning from Lourdes, and told Lourdes she was resigning “to seek other opportunity.” She was laid off from the second job after seven weeks and applied for unemployment benefits. The Deputy Director found appellant was disqualified for benefits because she left work at Lourdes voluntarily without good cause attributable to the work. For the first time on appeal to the Appeal Tribunal, appellant relied on N.J.A.C. 12:17-9.3(b) and claimed that she left Lourdes because of a medical condition that was aggravated by her working conditions and there was no other suitable work available. The board ultimately determined that appellant was disqualified for benefits because she left work at Lourdes voluntarily without good cause attributable to the work. The board accepted the Appeal Tribunal’s findings that appellant left Lourdes to accept other employment; never advised Lourdes she was leaving for medical reasons; and never requested or afforded Lourdes an opportunity to provide an accommodation. We held that the Board reasonably interpreted N.J.A.C. 12:17-9.3(b) to require an employee to notify an employer of a medical condition that was aggravated by the working conditions, request an accommodation, and afford the employer an opportunity to address the matter to determine whether there was other suitable work available. Nearly one and one-half years after the Board’s decision, the Legislature amended N.J.S.A. 43:21-5(a) to provide an exception to individuals who voluntarily leave work with one employer to accept work from another employer. We held that the amendment should not be retroactively applied. [Filed April 25, 2016] (Approved for Publication)
