Drake v. County of Essex

The opinion of the court was delivered by

FURMAN, J.A.D.

At issue on this appeal is whether a prisoner in a county penal institution is eligible for worker’s compensation, N.J.S.A. 34:15-1 et seq., for a work-connected injury. Plaintiff was on a work detail as a plumber’s helper when he hurt his back in crossing a wooden plank, which gave way. As a plumber’s helper he was compensated both by minimal wages and by *179remission of time from his custodial sentence, pursuant to N.J. S.A. 30:8-28.1.

The issue arises in an action under the Tort Claims Act, N.J.S.A. 59:1-1 et seq., in which the county and…