Tag Archives: N.J.S.A. 34:15-12(b)

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?