We are living through a period of sharp inflation in almost everything from food and gasoline to automobiles and airfare, but one area where costs are sharply declining in New Jersey pertains to the cost of getting copies of medical records.  Governor Phil Murphy signed S 2253 on September 22, 2022.  This legislation dramatically lowers the costs that hospitals and physicians can charge for providing copies of medical records.   We begin first with a key definition.  The bill refers to a “Legally authorized representative.” That means the patient’s spouse, domestic partner ..read more

Few readers of this blog may know that the New Jersey Division of Workers’ Compensation achieved a number of notable firsts this year with the appointment of the Honorable Maria Del Valle Koch as Director of the Division in June 2022.  Director Koch is the first woman Director and the first Hispanic Director in the history of the New Jersey Division of Workers’ Compensation.  This is particularly noteworthy right now because September 15, 2022 through October 15, 2022 is National Spanish Heritage Month, an annual observance established by President Lyndon B. Johnson in 1968 to celebr ..read more

Practical Advice in New Jersey Workers’ Compensation Under N.J.A.C. 12:235-3.8, interrogatories are allowed in the following types of cases without motion (meaning, neither party is required to file a Motion for Leave to Serve Interrogatories with the Court): dependency cases (See N.J.A.C. 12:235-3.8(a)), re-opener cases (See N.J.A.C. 12:235-3.8(d)), and occupational exposure cases  (See N.J.A.C. 12:235-3.8(f); for sample occupational interrogatories, click here). Pursuant to N.J.A.C. 12:235-3.8(g), interrogatories may be allowed in other cases, upon motion, for good cause shown. Examples ..read more

One recurring question which adjusters and practitioners are often asked is this:   in computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third party action? Further, does the employee get to reduce the employer or carrier’s lien by the amount the injured worker paid in counsel fees in the workers’ compensation case? Let’s deal with costs first.   Many third party law suits are complex and require a substantial outlay of funds for depositions, experts and inv ..read more

On behalf of Capehart Scatchard and Kids’ Chance of New Jersey, I want to thank all of you who have been supporting KCNJ over the past several years.  We deeply appreciate all your assistance in helping KCNJ accomplish its mission of providing college scholarships to children whose parents have been seriously injured or killed in work accidents.  Last month, KCNJ was able to conduct its annual Gala for the first time in three years. At the Gala, 10 students received a check for $10,000 towards college.  The inability to have a Gala in 2020 and 2021 due to the pandemic has dimini ..read more

Practical Advice in New Jersey Workers’ Compensation A reader reached out asking about the terms and abbreviations often used in the workers’ compensation practice. Below is a glossary of these abbreviations and phrases often used (listed generally in the order in which they may appear as a case progresses). “CP” – Claim Petition:  This pleading is filed by the injured worker in workers’ compensation court when benefits (most often, permanency) are being claimed by the injured worker. “MPC” – Medical Provider Claim Petition:  In New Jersey, medical providers have the right to file th ..read more

One of the most nettlesome questions in New Jersey workers’ compensation is whether a non-party can attend an IME and whether a petitioner or a physician can record a medical examination without the other party’s consent and use it at trial.  It is important to observe that the New Jersey Workers’ Compensation Act provides very little guidance on procedures regarding medical examinations other than one particular statutory provision which allows only an employee’s personal physician to attend an independent medical examination.  The New Jersey Appellate Division in Kathleen DiFiore v ..read more

The case of Donald Servais v. Ocean Wholesale Nursery, LLC., A-2988-20, (App. Div. July 14, 2022) presents an unusual legal issue in workers’ compensation.  The case involved a dispute about an employment separation agreement and whether that agreement could have been construed to constitute a payment of workers’ compensation benefits, thereby tolling the statute of limitations. Mr. Servais suffered an amputation of three fingers of his right hand on January 26, 2016.  No claim petition was ever filed within the two-year statutory period, and respondent never paid any workers’ compen ..read more

Practical Advice in New Jersey Workers’ Compensation Our clients often ask great questions regarding settlements in New Jersey workers’ compensation, particularly regarding the two types of settlements (Orders Approving Settlement, and Section 20/full and final), and the differences between them.  This post provides examples of scenarios where an argument can be made for a Section 20 settlement. There are two ways to settle a workers’ compensation claim in New Jersey. Most cases in New Jersey settle under N.J.S.A. 34:15-22 (known as an Order Approving Settlement) with a specific percentag ..read more

Coverage Issues in Workers’ Compensation A common issue arises where an employee works for an employer who does not maintain proper workers’ compensation coverage and alleges that there is a general contractor with coverage from whom they will seek benefits. As noted in our recent article, https://njworkerscompblog.com/how-to-properly-cancel-a-workers-compensation-policy/, claims that are denied for lack of coverage based on a cancelled policy often result in ongoing litigation regarding issues related to whether the policy was cancelled effectively. In these cases, the claimant’s counsel will ..read more