Settlements
Appellate Division Rules That Claimants in Certain Circumstances Do Not Have to Reimburse an Employer’s Lien From a Third Party Recovery Until the End of the Workers’ Compensation Case
The unreported case of New Jersey Transit Corp. v. Joseph, No. A-1194-22 (App. Div. March 19, 2024) has thrown a wrench into the common understanding of when to resolve third party liens in New Jersey. The facts that are supplied in the case are not detailed. Darshelle Joseph was injured on October 23, 2019, during […]
Section 20 Settlements Versus Orders Approving Settlement
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 […]
Appellate Court Allows Employee To Reopen Terms Of A Consent Settlement To Reconstruct Wages
A recent unpublished case poses an unusual question: can a party to a consent settlement for a percentage of disability award reopen the case to dispute the rate that was agreed to in the settlement? The case is Calero v. Target Corporation, A-2650-18T3 (App. Div. June 10, 2020). Ms. Calero and Target Corporation agreed […]
The Limitations of Settlements in New Jersey Comp
This practitioner is often asked two questions regarding workers’ compensation settlements in New Jersey: 1) Can we settle out of court? and 2) Can we get a termination agreement at the time of settlement? There are a number of limitations on settlements in New Jersey that are different from the practice of law in other […]
Appellate Division Resolves Long-Standing Dispute on Lien Formula With High Third Party Settlements
After at least four decades of disagreement on lien reimbursement calculations in high third party settlements, the Appellate Division this week handed down a reported decision in Liberty Mutual Insurance o/b/o Sabert Corporation v. Jose R. Rodriguez, A-0112-17T4 (App. Div. April 2, 2019). Betsy Ramos, Esq., co-chair of Capehart’s litigation department, successfully argued the cause […]
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