New Jersey Workers’ Compensation Defense

LOIS Associate Erica M. Fersch secured a favorable outcome in a New Jersey Workers’ Compensation reopener claim related to a 2018 date of accident. Under the original settlement, the Respondent was entitled to a 37.5% credit, which was reflected on the final 2024 settlement Order. During the pendency of the reopener, the Petitioner received authorized injections and various radiofrequency ablation treatments to the cervical and lumbar spine. At the conclusion of care, the Petitioner obtained an expert opinion from an IME doctor of an increase of permanent partial disability referable to the cervical spine, lumbar spine, and statutory right foot. The IME also apportioned to be 62.5% of permanent partial total referable to the cervical spine, 65% of permanent partial total referable to the lumbar spine, and 57.5% of the statutory right foot. By contrast, the Respondent’s expert found 0% increase in any prior apportionment of permanent partial disability.