Brock v. Public Service Electric & Gas Co.

The opinion of the Court was delivered by

STEIN, J.

This appeal concerns the effect of a failure to comply with the notice requirement of N.J.S.A. 34:15-33 on an employee’s right to recover workers’ compensation benefits for an occupational disease. Read literally, that statutory provision bars the payment of benefits for death or disability resulting from occupational disease unless the employer either had actual knowledge of the condition or received written notice thereof within five months after the employee ceased to be exposed to the disease or within ninety days after the employee knew…