Category Archives: New Jersey

“Re-Opener” Awards in New Jersey

About one-in-five of the new cases filed in the New Jersey Division of Workers’ Compensation this year will be a “re-opener” claim. Formally called an “Application to Review or Modify a Formal Award” or “Application for Modification of Agreement” as per N.J.S.A. 34:15-27, these claims are brought by petitioners who allege that they have a need for treatment, have new lost time, or have an increase in the amount of permanent partial disability.

What types of cases are eligible for “Re-Opener?”

Compensable workers’ compensation claims are often resolved by way of an “Order Approving Settlement.” Such a settlement requires the employer/respondent to continue providing medical treatment for the injuries described on the Order Approving Settlement. In addition, a claimant has the right to “re-open” her claim for a period of two years from last compensation paid. Additionally, claims resolved by way of Judgment (award following litigation) are subject to re-opening by the petitioner.

As per the statute:
A formal award, determination and rule for judgment or order approving settlement may be reviewed within 2 years from the date when the injured person last received a payment upon the application of either party on the ground that the incapacity of the injured employee has subsequently increased. Continue reading “Re-Opener” Awards in New Jersey

Video: Defending Motions for Med & Temp in New Jersey

This is video from a live presentation from attorney Greg Lois and answers the following questions: “How do I defend a Motion for Med and Temp in New Jersey?” and “What medical treatment is required under the statute?” and “What are the common defenses used by a Respondent when facing a motion?”

At the end of the presentation, attendees will understand what a Motion for Temporary and Medical Benefits is, what exposures are posed by the motion, and how to best defend the motion.

Subject: New Jersey, Workers’ Compensation Law, benefits, Temporary Disability
Date Presented: August 28, 2017
Presenter(s): Greg Lois
Run time: 27:25 Continue reading Video: Defending Motions for Med & Temp in New Jersey

Video: Practical Application of New Jersey’s Temporary Disability Benefit

This video is presented by attorneys Michael Gervolino and Greg Lois and answers the following questions: “Should I issue temporary disability benefits?” and ”If so, how much?” and “When can I stop Paying?”

At the end of the presentation, the attendees will have a basic understanding of when to issue temporary disability benefits in New Jersey, how the amount issued is calculated, when payments can be terminated, and the risks associated with the benefit.

Subject: New Jersey, Workers’ Compensation Law, benefits, Temporary Disability
Date Presented: July 24, 2017
Presenter(s): Michael Gervolino and Greg Lois
Run time: 21:58 Continue reading Video: Practical Application of New Jersey’s Temporary Disability Benefit

The Going and Coming Defense in New Jersey Workers’ Compensation Claims

Attorneys Karen Vincent and Joe Jones will discuss the issues surrounding off-premises accidents. They will address injuries arising during commutes to work, paid travel time, and business travel. The two litigators will discuss various fact scenarios as examples of when an off-premises injury will be and will not be considered compensable by the courts. At the end of the presentation attendees will have a basic understanding of the “Going and Coming” defense under the New Jersey Workers’ Compensation Act and case law.

Subject: New Jersey, Workers’ Compensation Law, Going and Coming, Off Premises
Date Presented: June 26, 2017
Presenter(s): Karen Vincent, Esq. and Joe Jones, Esq.
Run time: 14:20 Continue reading The Going and Coming Defense in New Jersey Workers’ Compensation Claims

Which Defenses Applies? Overview of Common Defenses in New Jersey

Attorneys Karen Vincent and Michael Gervolino cover the fundamentals or challenging the the basic presumptions relied upon by the petitioner in establishing their case. They discuss some little used (but available) defenses, such as the intoxication defense. At the end of the presentation attendees will have a basic understanding of various common defenses under the New Jersey Workers’ Compensation Act and case law.

Subject: New Jersey, Workers’ Compensation Law, Intoxication, Notice, Statute of Limitations
Date Presented: May 22, 2017
Presenter(s): Karen Vincent, Esq. and Michael Gervolino, Esq.
Run time: 20:54 Continue reading Which Defenses Applies? Overview of Common Defenses in New Jersey

Settlements in New Jersey: What gets deducted?

What does the petitioner have to pay back when a settlement is reached in a New Jersey workers’ compensation case?

Has to be paid back: State Disability

Any petitioner’s award is offset by any amounts paid to the petitioner by State Disability as provided by N.J.S.A. 34:15-57.1. Temporary disability paid by the state for injuries later deemed compensable or settled via Section 20 must be reimbursed to the state. Before settling a case, counsel should be expected to investigate all outstanding liens. The New Jersey workers’ compensation law judge can provide the parties with the amount of the State temporary disability lien at the time of settlement.

Has to be paid back: Health Insurance

By the very terms of the Act, workers’ compensation insurance is primary to medical insurance. Therefore, any amounts paid on behalf of the petitioner for treatment deemed by a judge “reasonable and necessary” to cure the petitioner of the effects of the work-related accident, can be collected by the health insurer at the time of settlement, or later. Recent case law instructs that even matters disposed of pursuant to Section 20 may not extinguish a health insurer’s lien. Continue reading Settlements in New Jersey: What gets deducted?