New Jersey Workers’ Compensation Legislation Update

Marshall Dennehey

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 permitted. N.J.S.A 34:15-64 was amended, and the statutory language permits application effective immediately.

This bill raises the maximum fee from $600 to $1,000 for expert reports. It also allows a psychologist, nurse practitioner, or licensed clinical social worker to be paid a fee for a report or testimony concerning course of treatment.

Logically speaking, it would make the most sense that any reports of exams that have not yet taken place since the signing of the bill should be awarded $1,000. However, due to the fact that this bill is effective immediately, some attorneys have interpreted this to mean that the fee for current expert reports in pending workers’ compensation cases, even those exams which took place prior to the bill signing, should be $1,000. Going forward, it will be interesting to see how the judges interpret the bill and the timing of when the fee should be $1,000.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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