Sentinel Insurance Company, Ltd. v. Earthworks Landscape Construction, L.L.C., A-0748-10T1; Appellate Division; opinion by Waugh, J.A.D.; decided and approved for publication August 16, 2011. Before Judges Carchman, Waugh and St. John. On appeal from the Law Division, Ocean County, L-3104-08, and New Jersey Department of Labor and Workforce Development, Division of Workers’ Compensation, CP 2008-23277. [Sat below: Judges Nemeth in the Law Division and Judge Berich in the Workers' Compensation Court.] DDS No. 39-2-3329 [13 pp.]
This appeal requires a determination whether the Law Division or the Division of Workers’ Compensation in the Department of Labor and Workforce Development is the appropriate forum for determination of a workers’ compensation insurer’s declaratory judgment action seeking rescission of a workers’ compensation policy on the grounds of misrepresentation.
