Pappano v. Shop Rite of Pennington, Inc.

The opinion of the court was delivered by

R.S. COHEN, J.A.D.

Plaintiff Philip A. Pappano, Jr., was employed by defendant Shop Rite of Pennington, Inc. He suffered a compensable injury on the job eleven days before his eighteenth birthday. He accepted voluntarily paid workers’ compensation benefits and then filed a claim petition in the Division of Workers’ Compensation. Subsequently, but before any adjudication in the Division, plaintiff filed a common law personal injury action against his employer, which moved for summary judgment on the thesis that plaintiff’s acceptance of benefits and…