Tag Archives: Reopener

New Jersey Workers’ Compensation Webinar: Appeals and ReOpeners

Join us for our “Appeals and ReOpeners in New Jersey Workers’ Compensation”

Register for this webinar:

Register for this Webinar, 12 PM EST Session

In this LIVE webinar on Monday, February 24, 2020 at 12 PM EST, Greg Lois leads a discussion about appellate strategy in New Jersey as well as the “reopener” of closed claims. We will discuss:

  • When to appeal decisions of New Jersey Workers’ Compensation trial courts.
  • Strategic and tactical impact of appeal on New Jersey workers’ compensation claims.
  • Overview of Application for Review or Modification of Formal Award claims (“ReOpeners”).

Join us by registering for the New Jersey Workers’ Compensation Webinar Series Session on February 24, 2020 12:00 PM EST at:

https://attendee.gotowebinar.com/register/5291331929217948419 

After registering, you will receive a confirmation email containing information about joining the webinar. This webinar series is offered at at 12:00 PM EST, always on the Fourth Monday of the month. You can register here.

Download the 2020 New Jersey Handbook

Download the PDF (Adobe Acrobat) version of “New Jersey Workers’ Compensation Law – 2020 Edition” by Gregory Lois. This is the most practical, up-to-date and easy-to-understand guide to New Jersey workers’ compensation claims available. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure.  This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners.

You can download the Handbook here

Download the 2020 New Jersey Handbook

A comprehensive description of the Handbook, including a list of what was updated since the last edition and complete chapter list is here.

“Re-Opener” Awards in New Jersey

About one-in-five of the new cases filed in the New Jersey Division of Workers’ Compensation this year will be a “re-opener” claim. Formally called an “Application to Review or Modify a Formal Award” or “Application for Modification of Agreement” as per N.J.S.A. 34:15-27, these claims are brought by petitioners who allege that they have a need for treatment, have new lost time, or have an increase in the amount of permanent partial disability.

What types of cases are eligible for “Re-Opener?”

Compensable workers’ compensation claims are often resolved by way of an “Order Approving Settlement.” Such a settlement requires the employer/respondent to continue providing medical treatment for the injuries described on the Order Approving Settlement. In addition, a claimant has the right to “re-open” her claim for a period of two years from last compensation paid. Additionally, claims resolved by way of Judgment (award following litigation) are subject to re-opening by the petitioner.

As per the statute:
A formal award, determination and rule for judgment or order approving settlement may be reviewed within 2 years from the date when the injured person last received a payment upon the application of either party on the ground that the incapacity of the injured employee has subsequently increased. Continue reading “Re-Opener” Awards in New Jersey

Video: Appeals and Reopeners in New Jersey

Here is the post-webinar video from our most recent presentation, “Appeals and Reopeners in New Jersey Workers’ Compensation Cases” from our New Jersey workers’ compensation webinar training series.

Subject: New Jersey, Workers’ Compensation Law, Section 20, Order Approving Settlement, Reopener
Date Presented: February 27, 2017
Presenter(s): Greg Lois, Esq.
Run time: 14:25 Continue reading Video: Appeals and Reopeners in New Jersey

Explainer: Why so Many “Re-Opener” Claims in New Jersey?

New Jersey’s workers’ compensation is unique in that nearly 1 in 6 cases filed with the Division of Workers’ Compensation is not new at all – they are simply re-openings of cases which were already litigated to conclusion and settled. In 2015 the most recent year for which statistics are available, 34,500 “new” claim petitions were filed in New Jersey Division of Workers’ Compensation. An additional 6,250 re-opening claim petitions were filed in the same period.

In order to file a reopened of a closed case, the petitioner must show “material worsening” of her condition such that disability is increased. Why so many re-opener cases? Are the petitioners really worsening as they allege? Read on to learn about the statutory and legal framework that encourages “re-opener” claims in this jurisdiction.
Continue reading Explainer: Why so Many “Re-Opener” Claims in New Jersey?