A Per Curiam Affirmance of an Appellate Division Statute of Limitations Decision

The Plastic Surgery Center, P.A. v. Malouf Chevrolet-Cadillac, Inc., 241 N.J. 112 (2020). As discussed here, the Appellate Division, in an opinion reported at 457 N.J. Super. 564 (App. Div. 2019), held that a 2012 amendment to N.J.S.A. 34:15-15 did not reduce the statute of limitations for the Workers Compensation Act from six years to two years.

Today, the Supreme Court affirmed that ruling, “substantially for the reasons expressed” in the Appellate Division’s opinion. The ruling by the Supreme Court was 6-0 and was embodied in a three-sentence per curiam opinion. The Court noted that, as the Appellate Division had observed, “the Legislature did not expressly address the statute of limitations” in the 2012 amendment. The Court added that “[t]he Legislature is, of course, free to do so in the future.”