In a published ruling that sheds some light on collateral recoveries, the Appellate Division ruled that a plaintiff-employee’s unemployment benefits were incorrectly credited against a verdict he obtained in a discrimination suit against his former employer.
“We hold that the collateral source statute, N.J.S.A. 2A:15-97, does not apply to [New Jersey Law Against Discrimination] cases, and we find no other basis on which to deduct unemployment compensation from back pay awarded under the LAD,” Appellate Division Judge Susan Reisner wrote in Fornaro v. Flightsafety International.
