Category Archives: New Jersey

Video: Maximizing Recovery via Reimbursement and Subrogation Under New Jersey Section 40

Attorneys Christopher Major and Greg Lois present a webinar on carrier recovery through reimbursement and subrogation under New Jersey’s Section 40 (N.J.S.A. 34:15-40). They discuss the impact of recent cases, such as the December 11, 2017 Supreme Court decision in Vitale v. Schering Plough and the November 22, 2017 Appellate Decision in Pino v. Polanco. The attorneys discuss reimbursement to the carrier/employer from the proceeds of civil actions as well as tactics for maximizing recovery – including practical negotiation tips for dealing with plaintiff’s attorneys who always demand a lien reduction to “1/3rd.”

Subject: New Jersey, Workers’ Compensation Law, Exposure, Permanency, MMI
Date Presented: December 26, 2017
Presenter(s): Christopher Major and Greg Lois
Run time: 29:42

Continue reading Video: Maximizing Recovery via Reimbursement and Subrogation Under New Jersey Section 40

Court Reviews Evidence to Support a Finding that the Petitioner was deemed Permanently and Totally Disabled due Solely to the Last Compensable Accident

Karen Vincent, Esq.
Karen Vincent, Esq.

On October 30, 2017, the Appellate Division of the Superior Court of New Jersey in D’Angelo v. Archdiocese of Newark, N.J. Super. App. Div. (per curiam) (22pp.) issued a written decision affirming a prior compensation judge’s ruling that the petitioner was permanently and totally disabled from the last accident.

The petitioner, Teresa D’Angelo, was employed as a school bus driver for the respondent, Archdiocese of Newark/Christ the King Preparatory Schools at the time of the accident. On November 28, 2011, while driving the school bus, she was hit by a stray bullet from an AK-47. The bullet lodged in to petitioner’s pelvis causing multiple internal injuries. The respondent accepted compensability of the claim and authorized the petitioner to submit to treatment. Petitioner underwent authorized surgery and treatment to the pelvis, hips, abdomen, lumbar spine and PTSD. Continue reading Court Reviews Evidence to Support a Finding that the Petitioner was deemed Permanently and Totally Disabled due Solely to the Last Compensable Accident

Can an Incapacitated New Jersey Beneficiary Receive Dependency Benefits for Life?

Michael Gervolino, Esq.
Michael Gervolino, Esq.
The New Jersey Workers Compensation Act specifies that in the case of total disability, the petitioner is entitled to payments for a period of up until 450 weeks. See N.J.S.A. 34:15-12(b). If the petitioner perishes as a result of his workers compensation injury, the Act provides us with guidance for the petitioner’s dependents at the time of death. For example, in the case of a surviving spouse, the Act directs us to N.J.S.A. 34:15-13(j), which states that the surviving spouse shall receive payments for the “entire period of survivorship or until such surviving spouse shall remarry.” See N.J.S.A. 34:15-13(j).

In the case of children as dependents, the plain language of N.J.S.A. 34:15-13 tells us that us that they are entitled to payments up until the age of 18, unless they are physically or mentally deficient which would allow them to collect on the “full compensation period of 450 weeks.” See N.J.S.A. 34:15-13(i). The plain meaning of this statue leads one to interpret the language as limiting disabled dependents to 450 weeks of compensation following the death of the petitioner, unless they are a surviving spouse.

In the case of Apperman v. Visiting Nurse Ass’n of Westfield, a father and son challenged this interpretation of the statute by arguing that a disabled dependent is entitled to benefits for the entirety of his life. Continue reading Can an Incapacitated New Jersey Beneficiary Receive Dependency Benefits for Life?

Video: Evaluating Exposure in New Jersey Workers’ Compensation Claims

Attorneys Karen Vincent and Greg Lois discuss the role of defense counsel in providing timely and accurate exposure analysis to clients. The attorneys discuss the “when” of providing an exposure analysis – when during the litigation lifecycle the attorney should be providing estimates of exposure and likelihood of prevailing at trial. The attorneys also discuss the “how” of exposure – how estimates of permanent disability are made. This webinar presentation is a must-watch for risk professionals and adjusters relying on outside counsel to provide exposure analysis.

Subject: New Jersey, Workers’ Compensation Law, Exposure, Permanency, MMI
Date Presented: November 27, 2017
Presenter(s): Karen Vincent and Greg Lois
Run time: 31:46

Continue reading Video: Evaluating Exposure in New Jersey Workers’ Compensation Claims

Download Kindle edition of 2018 New Jersey Workers’ Compensation Law Handbook

New Jersey Workers' Compensation 2018 HandbookThis is the Kindle (“.mobi” file, compatible with amazon Kindle devices) version of “New Jersey Workers’ Compensation Law – 2018 Edition” by Gregory Lois. This is the most practical, up-to-date and easy-to-understand guide to New Jersey workers’ compensation claims available. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure.  This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.

A comprehensive description, including a list of what was updated since the last (2017) edition and complete chapter list is here.


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Looking for a different version or more information about this book? The book is also available in PDF format and an iBooks edition (compatible with Apple devices, like iPads).

Need multiple copies for your team? Contact Greg.

Download PDF Version of 2018 New Jersey Workers’ Compensation Law handbook

New Jersey Workers' Compensation 2018 HandbookThis is the PDF (Adobe Acrobat) version of “New Jersey Workers’ Compensation Law – 2018 Edition” by Gregory Lois. This is the most practical, up-to-date and easy-to-understand guide to New Jersey workers’ compensation claims available. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure.  This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.

A comprehensive description, including a list of what was updated since the last (2017) edition and complete chapter list is here.


Your Name (required)

Your Email (required)

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Looking for a different version or more information about this book? The book is also available in Kindle format and an iBooks edition (compatible with Apple devices, like iPads).

Need multiple copies for your team? Contact Greg.