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New Jersey Workers’ Compensation Legislation Update

Since the holidays and the start of the new year, there have been no new New Jersey appellate decisions in workers’ compensation. Below are some of the more notable pending New Jersey workers’ compensation bills in the...more

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Top 10 Developments in New Jersey Workers’ Compensation in 2024

1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

The Appellate Division Reversed and Remanded a Trial Court Order Denying the Plaintiffs’ Motion to Amend Their Complaint and...

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more

Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%

On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law.  Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%....more

Appellate Division Vacated and Remanded a Trial Court Order Denying Employer’s Application for Satisfaction of Its Workers’...

N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more

A Workers’ Compensation Judge’s Approval of a Section 20 Settlement Can Be Contingent on a Petitioner’s Live Testimony

Key Points: A workers’ compensation judge has the discretion to require live testimony from a petitioner as a condition for approval of a Section 20 settlement. The New Jersey Appellate Division defers to a judge’s findings...more

Appellate Division Affirms Denial of Insurer’s Motion to Dismiss for Lack of Coverage and Affirms Finding That Petitioner Was in...

Pozadas v. Capital Iron Assocs., LLC and Hartford Underwriters Ins. Co., No. A-0162-22 (Oct. 30, 2023) - The petitioner was the owner and employee of the respondent, a structural steel company. It was noted that about 60% of...more

Appellate Division Affirms Summary Judgment Against Employer Due to the Exclusive Remedy Provision of the Act and Affirms Summary...

Cannon v. Bravo Pack, Inc. and Kraft Machines Inc. v. Employers Preferred Ins., No. A-1702-21 (Oct. 31, 2023) and Cannon v. Bravo Pack, Inc. and Bravo Pack, Inc. v. Employers Preferred Ins., No. A-1731-21 (Oct. 31, 2023) - In...more

New Jersey Workers’ Compensation Legislation Update

On July 20, 2023, the Governor of New Jersey signed A4832 / S3309 into law. This raises the maximum workers’ compensation fees for evaluating physicians and expands circumstances for which physicians’ legal fees are...more

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