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Vol. 3 No. 80 – DECISIONS RELEASED APRIL 28, 1995 ARBITRATION AND MEDIATION 3-2-5517 Blume, Vazquez, Goldfaden, Berkowitz & Donnelly, P.C. v. Allen Zavodnick, App. Div. (7 pp.) An arbitration award is confirmed where two law firms signed an agreement that provided for arbitration of “all issues that may arise…. ” ; such a clause does not allow modification of the award based on an alleged mistake of law; nor may the award be set aside on public-policy grounds under Weiss because the agreement did not expressly require application of “the law of New Jersey to all issues in the case” and the merits did not involve significant public policy considerations. AUTOMOBILES 5-2-5518 Donald W. Lamb v. Township of Edison, et al., App. Div. (4 pp.) Summary judgment against plaintiff injured in motorcycle accident is upheld because plaintiff submitted no engineer’s report supporting the proposition that the intersection design was the proximate cause of plaintiff’s injuries; without that report, the public entities have no obligation to assert a plan or design immunity. AUTOMOBILES/INSURANCE 5-2-5519 Martin S. Zirger v. Gen. Accident Ins. Co., App. Div. (13 pp.) Summary judgment against plaintiff’s underinsured (UIM) motorist carrier is reversed and case remanded for arbitration because carrier’s attorney, by allowing plaintiff to pursue a jury verdict against the underinsured tortfeasor, did not waive the carrier’s right to arbitrate the amount of damages; nor does collateral estoppel apply against the UIM carrier because the tortfeasor’s carrier, under its much lower policy limit, may not have had the incentive to defend beyond the policy’s limits. INSURANCE — VERBAL THRESHOLD 23-2-5520 Susan J. Pettersen v. Christopher J. Canady, App. Div. (5 pp.) A no-fault plaintiff who has suffered a summary judgment dismissal for failure to meet the act’s threshold requirements cannot reargue the matter on new reports obtained after the court’s dismissal ruling. LABOR AND EMPLOYMENT 25-2-5521 Wayne H. Roop v. Board of Review, App. Div. (3 pp.) Employer’s payment of one week of accrued vacation leave does not constitute a separate week of work to establish the four-week minimum work period for unemployment compensation, pursuant to N.J.S.A. 43:21-4(e)(4). PUBLIC EMPLOYEES 33-2-5522 Kathryn E. Clark v. NJ Dep’t of Personnel, App. Div. (3 pp.) Office of Personnel Management’s 11- month delay in deciding plaintiff’s determination of rights appeal, followed by Commissioner’s seven-month delay culminating in the reversal of the OPM decision, does not constitute bad faith entitling plaintiff to back-pay differential and counsel fees. WORKERS’ COMPENSATION 39-2-5523 August Vogel v. Beach Electric Co., Inc., App. Div. (5 pp.) Employer’s appeal of 25 percent “permanent partial total for residuals for asbestosis and chronic pulmonary disease” is upheld where 75-year-old petitioner had retired 13 years earlier, because petitioner testified that he had been exposed to asbestos on the job and the X-ray and CAT scan supported his expert’s hypothesis that petitioner had ingested foreign particles into his lungs.

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