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
On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more
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
On March 25, 2024, in an unpublished decision, the Superior Court of New Jersey Appellate Division rendered a decision that provided clarity with respect to the analysis of an off-premises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
New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more
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
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
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
On September 28, 2023, the Superior Court, in an unpublished Decision, found in favor of the respondent and denied a Claim Petition based upon the idiopathic defense (Duane Sykes v. George Harms Construction Company,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
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
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
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
New Jersey and Pennsylvania have released 2023 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more
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
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
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
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
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
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
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
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
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
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
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
New Jersey and Pennsylvania have released 2022 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more