Appellate Division affirmed a Law Division order dismissing the plaintiff’s complaint with prejudice for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted.

Hudson Regional Hospital, located in Secaucus, New Jersey, provided treatment to five New York residents for injuries sustained in New York while working for their New York employers. Hudson was paid per the New York Workers’ Compensation Act Fee Schedule. Rather than dispute the amounts awarded, Hudson filed claims in New Jersey workers’ compensation court. A judge of compensation dismissed these claims for lack of jurisdiction as the only connection to New Jersey was the medical treatment.

Instead of appealing the dismissals, Hudson filed a complaint in the Law Division against the workers’ compensation carrier, New Hampshire Ins. Co. (NHIC), for breach of contract, etc. NHIC moved to dismiss based on lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. The trial court granted the motion and dismissed the complaint with prejudice, noting the Division had exclusive jurisdiction over these types of claims and that Hudson could not redefine workers’ compensation claims as breach of contract claims rather than appealing the former. Hudson appealed, and the Appellate Division affirmed.
 

_{What’s Hot in Workers’ Comp, Vol. 28, No. 1, January 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}