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Rising Counsel Fees: How Increased Costs Affect Petitioners and Respondents

On August 22, 2024, the acting Governor signed a bill increasing attorney fees on workers’ compensation cases. Since 1927, the fee for an attorney on a workers’ compensation case was up to 20%. This has now changed with the...more

Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

[Webinar] Exploring the Impactful Cases of 2023: A Discussion on New Jersey Workers' Compensation - May 22nd, 1:00 pm - 2:00 pm...

Join New Jersey workers' compensation partners Jeffrey Newby and John Kutner for an informative webinar as they delve into the significant cases that shaped New Jersey's workers' compensation landscape in 2023 and their...more

Injuries During A Paid Travel Time Lunch Break Are Deemed Non-Compensable

On March 25, 2024, in an unpublished decision, the Superior Court of New Jersey Appellate Division rendered a decision that provided clarity with respect to the analysis of an off-premises lunchtime injury. In Latschaw v....more

Pennsylvania and New Jersey Release 2024 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Appellate Court Stands Firm: Upholding Lower Court Decision on Causation and Credibility

In keeping with past trends, the New Jersey Appellate Court has again refused to overturn a lower court decision that was based on the assessment of a witness’s credibility and competent evidence. In Smith v H&M...more

Is an Employee Entitled to Temporary Total Disability Years After They Have Left Your Employ and Their Disability Recurs?

The Superior Court addressed a rather convoluted fact pattern in determining whether an injured worker is entitled to a resumption of their temporary total disability benefits even though they have left the time of injury...more

Employer Immunity from Direct Suit Upheld Once Again

In Cannon v. Bravo Pack, Inc., the Appellate Division of the Superior Court once again confirmed the strength of the employer immunity defense to a third-party claim filed by an injured worker (decided October 31, 2023). The...more

The Idiopathic Defense: A Rare Win for the Employer

On September 28, 2023, the Superior Court, in an unpublished Decision, found in favor of the respondent and denied a Claim Petition based upon the idiopathic defense (Duane Sykes v. George Harms Construction Company, Inc.,...more

[Webinar] The Role of Pain Management in the Treatment of Injured Workers - October 12th, 12:30 pm - 1:30 pm ET

Join our upcoming webinar as we delve into the world of pain management in a New Jersey workers' compensation claim. During this webinar partner Jeffrey Newby and Dr. Alan Kwon will discuss the various types of claims where...more

Maximum Medical Improvement: Now You See It, Now You Don't

As you may know, under the New Jersey Workers’ Compensation Statute (Section 15) and case law, the respondent/employer is responsible for providing medical treatment to cure and relieve the effects of a workers’ compensation...more

Senate Bill No. 3309 Increases Fees for Claimants’ Evaluating Physicians and Expands Permissible Legal Fees to Providers

R.S.34:15-64 was recently amended on July 20, 2023, and increases the maximum workers’ compensation fees for evaluating physicians for claimants and expands the circumstances for which physician legal fees are permitted under...more

Pennsylvania and New Jersey Release 2023 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2023 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

[Webinar] New Jersey Edition of Year in Review & Emerging Trends in Workers’ Compensation - January 17th, 1:00 pm ET

Workers' Compensation partners Jeff Newby and Cheryl Binosa will provide a recap and update on significant legislative changes and case law updates in New Jersey Workers' Compensation from 2022 that could impact businesses...more

[Webinar] New Jersey Workers’ Compensation: Independent Contractor Status in New Jersey Workers' Compensation: Where are We...

In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...more

Traveling Employees Always Have Greater Coverage In Course And Scope Of Employment Decisions

On October 12, 2022, in an unpublished decision by the Superior Court Appellate Division, the Courts once again followed the practice of finding greater coverage for course and scope of employment issues with a traveling...more

Section 40 Lien Entitlement Should Include the Gross Award to the Petitioner and Not the Net After Fees and Costs Paid

On August 19, 2022, the Appellate Division granted petitioner Daniel Panckeri’s petition for certification and remanded the matter for reconsideration after the decision in Richter v. Oakland Board of Education, 246 N.J. 507...more

The New Jersey Supreme Court Speaks: Don’t Label Employees Independent Contractors Unless You Can Meet Every Element Of The ABC...

Although the New Jersey Supreme Court’s Decision in East Bay Drywall, LLC, v. Department of Labor and Workforce Development, 2022 N.J. LEXIS 671, 2022 WL 3031731 (Decided August 2, 2022) does not address employment status in...more

Separate Agreement Does Not Have the Effect of Tolling the Two-Year Statute of Limitations Under the Workers’ Compensation Act

Ocean Wholesale Nursery LLC, the respondent, appealed from an order denying its motion to dismiss Donald Servais's, the petitioner, workers' compensation petition and from a final judgment awarding the petitioner $75,516.00....more

Surprising Decision Reversing an Order Imposing Maximum Penalty for Delay in Payment of Settlement Proceeds

In Louis Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022), the appellate court recently addressed the issue of late payment of awards and penalties and decided same on June 3, 2022. It is a rare decision and...more

When Court has the Ability to Correct a Mistake to Avoid Inequity Despite a Clear Violation of the Statue of Limitations

Petitioner Gary Streeper appealed his November 8, 2019, Order which dismissed his Application for Review or Modification of a compensation award on the basis it was untimely filed. The order was vacated and remanded....more

Workers’ Compensation Courts Are Reopening -  Is The Virtual Practice Of Law A Thing Of The Past, Or The Way Of The Future

The Workers’ Compensation bar received some welcome news on February 14, 2022, when Director and Chief Judge of Compensation, the Honorable Russell Wojtenko, Jr. issued a Notice to the Bar that the Court facilities will be...more

If at First You Don't Succeed, Appeal and then Appeal Again - Unless You Are Out of Time

In a recent decision, New Jersey Transit’s Motion to Dismiss was affirmed by the Appellate Court on February 2, 2022. The petitioner had appealed from the October 7, 2020 Order of the Workers' Compensation Court granting the...more

New Jersey Supreme Court Finds Compensability in Parking Lot Case Dismissing the Employer’s Liability in the Third Party Action

On January 18, 2022, the New Jersey Supreme Court rectified a decision of the Appellate Division and found the injuries sustained in a parking lot owned and controlled by the employer were indeed compensable. In Diane Lapsley...more

Pennsylvania and New Jersey Release 2022 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2022 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

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