Failure to Serve Tort Claims Notice by Third Party Plaintiff On a Third Party Defendant Is Fatal to Third Party Complaint

In McConnachie v. Bridgewater-Raritan Regional School District (A-1380-20), the Appellate Division affirmed a decision by the trial court to dismiss a third party complaint for failure to timely serve a notice of tort claim.  The material in this law alert has been prepared for our readers by Marshall Dennehey .

Court affirms Board’s decision, rejects employer’s arguments it was denied due process of law by refusal to allow certain evidence and improper determination that implied agreement existed for more severe injury than what was agreed to by the parties.

Ms. Gallagher injured her low back in a work accident on June 13, 2018. The employer acknowledged the accident and paid total disability benefits, medical expenses and a 7% permanent impairment to the lumbar spine. What’s Hot in Workers’ Comp