Supreme Court of New Jersey
Robert Sager, Petitioner-Appellant v. O.A. Peterson Construction, Co., Respondent-Respondent
December 21, 2004182 N.J. 156
Summary
The Supreme Court of New Jersey reversed the Appellate Division and reinstated the Division of Workers’ Compensation’s award, holding that the employer’s directive to Sager and his co‑workers to obtain food constituted a compulsion that brought the activity within the scope of employment, making Sager’s injuries compensable. The Court emphasized that the compensation court’s findings were supported by substantial credible evidence and declined to require a remand on the reasonable‑belief issue. Justice Wallace’s dissent argued that the reasonable‑belief test was not applied and urged remand.