Brittany Atkinson, of The Chartwell Law.
It’s very common for workers to live in New Jersey and commute to Pennsylvania or New York for work. Because of the cross over state lines, it’s very easy to see how major issues can arise when a worker is injured. Issues that arise out of cross-jurisdiction claims are frustrating for all parties involved but especially for the employer, as it increases potential exposure because now the employer is subject to laws in more than one state. This also makes the practice of workers’ compensation more complex as you are faced with having to deal with a conflict of laws.
Dual jurisdiction exists if a claimant is able to establish jurisdiction in two or more states. In order to establish jurisdiction in New Jersey, the claimant must prove the contract of hire occurred in New Jersey; the accident occurred in New Jersey; and a substantial amount of employment for the respondent occurred in New Jersey, see Connolly v. Port Authority of New York and New Jersey, 317 N.J. Super. 315, 320 (1998). But this is not so clear-cut in the practice of law. For example, it has always been understood in the practice of workers’ compensation that residency alone was not enough to confer jurisdiction, and the New Jersey appellate court finally solidified that rule in Marconi v. United Airlines, 2019 N.J. Super. LEXIS 119 (July 22, 2019). However, in an earlier appellate opinion, the court found that where the injured worker answered the telephone and accepted the job position over the phone, at his residence in New Jersey, there was sufficient contacts with New Jersey to confer jurisdiction, see Williams v. Raymours Furniture, 449 N.J. Super. 559 (2017). The claimant in this case, otherwise, had no employment contacts with New Jersey.
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