Archive for December, 2018
Triennial Recalculation Issue Decided in Favor of Respondents and 2nd Injury Fund
The Honorable Joshua Friedman decided an issue this month that has been pending for several years regarding calculation of the Social Security Disability offsets in workers’ compensation cases for petitioners under the age of 62. A petitioner’s attorney had brought motions in five cases including one handled by our office, asserting that the SSD offset […]
Section Twenty Settlements and Subrogation Rights
Section 20 settlements are not technically payments of workers’ compensation benefits except for insurance rating purposes. These settlements are popular with employers because the file can be closed for good with no potential for a reopener claim. In many states, the Section 20 settlement is called a full and final settlement. But does a Section […]
Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy
One of the most significant cases to be decided by the Appellate Division with respect to subrogation rights was issued on December 4, 2018 in New Jersey Transit Corporation v. Sanchez, A-0761-17T3 (App. Div. December 4, 2018). The case will have an impact on how employers deal with a very common scenario in New Jersey. […]
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