A Capehart Scatchard Blog

Tag: Counsel Fees

Should Employers Pay for Both Lawyers in the Workers’ Compensation Case?

When a workers’ compensation case settles in the New Jersey Division of Workers’ Compensation for a percentage of disability, the employer pays for its own lawyer and most of the fee of the injured worker’s lawyer.  New Jersey may be the only state that has this practice.  Judges generally assess 60% of the legal fee […]

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Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits

By on January 4, 2023 in Counsel Fees, NJ Workers' Comp with 0 Comments

There are only a few appellate level cases dealing with counsel fees in the New Jersey Division of Workers’ Compensation.   In Garzon v. Morris County Golf Club, A-1100-21 (App. Div. December 23, 2022), the Appellate Division embraced an approach that petitioner’s attorney’s counsel fee should be based on considerations of reasonableness and not automatically set […]

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What Costs and Legal Fees Are Deducted From the Lien of the Employer or Carrier?

By on August 24, 2022 in Counsel Fees, NJ Workers' Comp with 0 Comments

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 […]

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Counsel Fees in Dependent Spouse Claims May Be Based On The Life Expectancy Of The Dependent Spouse, Not 450 Weeks

By on August 7, 2019 in Claims, NJ Workers' Comp with 0 Comments

In an important reported decision, and one of first impression at the Appellate level, the Court in Collas v. Raritan River Garage, A-3103-17T4, (App. Div. July 19, 2019), held that the Judge of Compensation was correct in basing the counsel fee of petitioner on petitioner’s life expectancy, not limited to 450 weeks, as has been […]

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Counsel Fees In New Jersey Workers’ Comp Are Not Limited To 20%

Failure to make timely payment of temp benefits may subject employer to enhanced fees We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates.  The case has now made its third appearance before the Appellate Division. The initial issue before the court was whether […]

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