Tag Archives: N.J.S.A. 34:15-64

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

Post-Webinar Video: Evaluating Claims for indemnity Exposure in New Jersey

Here is the post-webinar video from our most recent presentation, “Getting the Most from your IMEs” from our New Jersey workers’ compensation webinar training series.

Subject: New Jersey, Workers’ Compensation Law, Exposure, Indemnity, Permanent Residual Disability, MMI, Negotiating
Date Presented: November 28, 2016
Presenter(s): Joe Jones, Esq. Partent in the Lois LLC New Jersey Workers’ Compensation Practice
Run time: 20:42

How to attend these webinars live and ask questions.

Join us for our monthly webinars on New York and New Jersey workers’ compensation law. One Session, offered at 12:00EST on the “Fourth Monday” of the month.

Register here: 12:00 EST Session

Archive of prior presentations is here.

Schedules and Information.

Handout materials are provided in advance of each session. The webinar courses follow the “life cycle” of a claim and correspond to chapters in the Workers’ Compensation Handbooks offered by the Firm.

Upcoming Webinars

Detailed syllabus and schedule available here.

These webinars are also available as a podcast (on iTunes).

Disclaimer:

This webinar is not legal advice! The materials presented by this webinar/podcast and any affiliated website are for informational purposes only and are not offered as legal advice as to any particular matter. No viewer/listener/reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date. Opinions presented by this video/podcast are the opinions of the author.

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Using Voluntary Tenders (Advance Payments) To Reduce Exposure in New Jersey.

New Jersey Workers' Compensation Law 2017When an employer knows (with certainty) that an employee has been injured and will suffer some degree of permanent injury (for example, when there has been loss of a limb), a voluntary tender, made at the appropriate time, may be offered to reduce exposure for attorney’s fees when the underlying claim is disposed of. N.J.S.A. 34:15-64 provides (in part):

When, however, at a reasonable time, prior to any hearing compensation has been offered and the amount then due has been tendered in good faith or paid within 26 weeks from the date of the notification to the employer of an accident or an occupational disease or the employee’s final active medical treatment or within 26 weeks after the employee’s return to work whichever is later or within 26 weeks after employer’s notification of the employee’s death, the reasonable allowance for attorney fee shall be based upon only that part of the judgment or award in excess of the amount of compensation, theretofore offered, tendered in good faith or paid.

Read on to discover how to use this legal tool to reduce exposure on New Jersey Workers’ Compensation claims. Continue reading Using Voluntary Tenders (Advance Payments) To Reduce Exposure in New Jersey.