This article is the second in our series on New Jersey’s Second Injury Fund. The prior article provides an overview of the Fund. This article discusses best practices for litigating Second Injury Fund cases.
Neutralize the common “procedural” objections of the Second Injury Fund.
The Deputies defending the Second Injury Fund will start by reviewing the “Second Injury Fund Verified Petition” and the attendant medical proofs (usually, both sides’ medical expert reports). At the initial conference (while the case is pending as a Motion to Join the Fund) the Deputy will usually point out any deficiencies in the filing and request the information from the checklist (above). Before the initial conference with the Judge and Deputy Attorney representing the Second Injury Fund, counsel should make sure that all of the other information discussed in our checklist (above) is available. Continue reading Best Practices for Handling Second Injury Fund Cases in New Jersey.→
The “Second Injury Fund” (“Fund”) refers to a special fund established by the Workers’ Compensation Act allowing the Department of Labor to collects a surcharge on all workers compensation policies issued in New Jersey. N.J.S.A. 34:15-95. The collected monies create a fund to reduce the costs of “second injuries” on New Jersey’s employers, in order to encourage employers to hire previously-disabled workers. The Law creating the Fund was enacted in 1923, before the Americans with Disabilities Act made it impermissible to discriminate in the hiring of previously-disabled workers. See 42 U.S.C. 126.
The Fund used to be called the “2% Fund” because the surcharge was originally set at 2%. Now the surcharge is 6.76%. As of January 1, 2013. (http://www.njcrib.com/circulars/NJ1849.pdf) As of January 2017, all rating information is available only online. Practitioners use the terms “Second Injury Fund” and “2% Fund” interchangeably. Continue reading What is New Jersey’s Second Injury Fund?→