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ARDAN v. BOARD OF REVIEW

No. A-35 September Term 2016, No. 077771.

177 A.3d 768 (2018)

Margo S. ARDAN, Plaintiff-Appellant, v. BOARD OF REVIEW, Lourdes Medical Center of Burlington County, Inc., and Alliance Healthcare, Defendants-Respondents.

Supreme Court of New Jersey.

Decided February 1, 2018.

Attorney(s) appearing for the Case

Sarah S. Hymowitz argued the cause for appellant (Legal Services of New Jersey, attorney; Sarah S. Hymowitz , Keith Talbot , Anisa Rahim , and Melville D. Miller , on the briefs).

Christopher J. Hamner , Deputy Attorney General, argued the cause for respondent Board of Review ( Christopher S. Porrino , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel, and Robert M. Strang , Deputy Attorney General, on the brief).

Cindy M. Perr , Associate General Counsel, argued the cause for respondent Lourdes Medical Center of Burlington County, Inc. (Lourdes Health System, attorney; Cindy M. Perr, on the brief.)

CHIEF JUSTICE RABNER and JUSTICES FERNANDEZ-VINA and SOLOMON join in JUSTICE PATTERSON's opinion. JUSTICE LaVECCHIA filed a separate, dissenting opinion, in which JUSTICES ALBIN and TIMPONE join.

Justice PATTERSON delivered the opinion of the Court.

New Jersey's Unemployment Compensation Law provides that a person who leaves work "voluntarily without good cause attributable to such work" is ineligible for unemployment benefits until she is "reemployed and works eight weeks in employment" in a new position. N.J.S.A. 43:21-5(a). A regulation prescribes an exception to that rule. It provides that if the claimant left a previous job "due to a physical and...

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