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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

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On September 28, 2023, the Superior Court, in an unpublished Decision, found in favor of the respondent and denied a Claim Petition based upon the idiopathic defense (Duane Sykes v. George Harms Construction Company,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

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

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