News & Articles

A panel of Appellate Division judges overruled the Judge of Compensation in this occupational disease death case. The Workers’ Comp Judge found that the decedent, a heavy smoker, was exposed to asbestos when he worked for Mid-State Sprinkler. The Judge of Compensation decided that the asbestos exposure was what caused the cancer that the claimant died from. The Appellate Division disagreed, finding that the plaintiff’s proofs did not establish medical causation and there was no evidence brought out at trial that the decedent had symptoms of asbestosis.

Section 40 lien reimbursements now allow for a reduction of up to $750 for petitioner’s expenses where a petitioner has recovered money in a third-party suit. Petitioner’s expenses were previously limited to a reduction of $200. This change has been codified at N.J.S.A. 34:15-40. The upshot: workers’ compensation insurers will now recover slightly less from claimants who receive an award or settlement in a third-party suit.

New for 2007: A Judge of Compensation can now award interest on awards that have not been paid within 60 days. This is a significant change in the law, as compensation judges previously could not award interest for withheld payments until after 90 days.

We’ve already reported on P.L. 2006, c. 103, codified at N.J.S.A. 37:1-28 which permits same-sex couples to enter into legally sanctioned unions. The new law requires that civil union couples are to be provided “the same benefits as married couples with respect to workers’ compensation benefits including but not limited to survivors benefits and payment of back wages.” As required by this provision, dependency benefits under N.J.S.A. 34:15-13 are to be provided to same-sex survivors of a civil union.