The New Jersey Supreme Court held that a trial court’s failure to apply the apportionment procedure of the Comparative Negligence Act to a workers’ compensation fraud claim warrants a new trial for a jury to apportion percentages of fault.

According to the opinion, in a civil complaint that followed a criminal prosecution, Liberty Mutual and LM Insurance asserted statutory claims against Techdan and Exterior Erecting Services, two New Jersey companies in the business of exterior wall construction for commercial buildings.

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