Official Site of The State of New JerseyLegal Information
Browse this page for information regarding Workers’ Compensation legal decisions, notices, and resources.
August 20, 2024: Notice to All Workers’ Compensation Judges and Members of the Bar
Governor Phil Murphy signed into law the “Thomas P. Canzanella Twenty First Century Responders Protection Act.” This legislation was enacted to modernize the workers’ compensation system in this State to ensure that all public safety workers’ critical needs are met and assure that these workers are not denied a level of support which is commensurate to the sacrifices they and their families make for the safety and well-being of the citizens of this State and nation.
Workers' Compensation May Day Seminar
Wednesday, May 1st 1PM to 4PM
Each Court Vicinage
- Liens, Subpoenas, & MPCs (1PM to 2PM)
- Diversity (2PM to 3PM)
- Lien on Me…: How Not to Wither in the Face of Unpaid Medical Bills… or Fail to Defend Against Them (3PM to 4PM)
Note: You will receive a total of 3.6 CLE credits, 1.2 credits of which will be toward Ethics/Diversity. Please register with the Head Clerk at the appropriate court vicinage by April 26, 2024.
March 7, 2022: Rule Amendments and Adoption
Adopted Amendments: N.J.A.C. 12:235-3.11 and 3.12
Adopted New Rule: N.J.A.C. 12:235-3.19
To view document, click here.
February 14, 2022: Notice to the Bar Re: Reopening of N.J. Workers’ Compensation Facilities for Regularly Listed Matters
Effective Monday, March 7, 2022, the N.J. Division of Workers’ Compensation shall open all workers’ compensation court facilities to all attorneys, litigants, court reporters, interpreters, and witnesses with regularly listed matters before the Court as listed via COURTS on-line. With the consent of the litigants, workers’ compensation judges may continue to conduct routine proceedings virtually, either telephonically or via Microsoft TEAMs, such as, daily list markings, pre-trial conferences, uncontested motions, and approval of settlement agreements in accordance with N.J.S.A. 34:15-20, N.J.S.A. 34:15-22, N.J.S.A. 34:15-27, and N.J.A.C. 12:235-3.12(f). All Trials, including Emergent and Non-emergent Motions for Medical and Temporary Disability Bene-fits, as well as contested Motion Hearings, must be conducted in-person in accordance with Workers’ Compensation Court Rules.
Click here to read full notice.
November 19, 2021: Notice to All Workers’ Compensation Judges and Members of the Bar
Memo from Director and Chief Judge Wojtenko re: Reassignment of Vicinages and Judicial Coordinators
Effective January 1, 2022, the following vicinages shall be supervised by the following Administrative Supervisory Judges of Compensation:
- Administrative Supervisory Judge Ingrid French shall supervise the Bridgeton, Camden, Lebanon, Mt. Holly, and Trenton Vicinages. ASJ French’s home office shall be the Camden Vicinage.
- Administrative Supervisory Judge Ashley Hutchinson shall supervise the Atlantic City, Freehold, Mt. Arlington, New Brunswick, and Toms River Vicinages. ASJ Hutchinson’s home office shall be the New Brunswick Vicinage.
- Administrative Supervisory Judge Maria Del Valle-Koch shall supervise the Plainfield, Newark, Jersey City, Paterson, and Hackensack Vicinages. ASJ Del Valle-Koch’s home office shall be the Plainfield Vicinage.
In addition, effective January 1, 2022, Administrative Supervisory Judge Ingrid French, will be the Second Injury Fund Judicial Coordinator responsible for all Second Injury Fund judicial functions, including the supervision of all SIF judges. Administrative Supervisory Judge Del Valle-Koch, will be the Uninsured Employers Fund Judicial Coordinator responsible for all Uninsured Employers Fund judicial functions, including the supervision of all UEF judges. Administrative Supervisory Judge Ashley Hutchinson shall remain as the N.J. Division of Workers’ Compensation’s Judicial Training Coordinator responsible for all N.J. Division of Workers’ Compensation CLE programs.
August 17, 2021: Notice to the Bar and Public Re: Proposed Rule Changes – Pension Offset; Public Employees; Accidental Disability Retirement
Below is the link to the Department of Labor and Workforce Development’s proposed amendments to N.J.A.C. 12:235-3.11 and 3.12 and a proposed new rule N.J.A.C. 12:235-3.19 concerning Pre-Trial Conferences; Conduct of Formal Hearings; Pension Offset; Public Employees; Accidental Disability Retirement.
You may submit written comments by October 15, 2021, to:
David Fish, Executive Director
Legal and Regulatory Services
New Jersey Department of Labor and Workforce Development
PO Box 110-13th Floor
Trenton, New Jersey 08625-0110
Fax to: (609) 292-8246
Email: david.fish@dol.nj.gov.
Click Here to Read the Proposed Rule Changes
July 29, 2021: Notice to the Bar
Effective Monday, August 16, 2021, the N.J. Division of Workers’ Compensation shall implement a cautious return to normal operations with the resumption of limited in-person proceedings and an increase of on-site presence of workers’ compensation judges and court staff as set forth below. On Monday, August 16, 2021, all fifteen N.J. workers’ compensation court facilities shall be open to attorneys, litigants, court reporters, interpreters, and witnesses with specifically scheduled events or appointments. Up to 35% of judges and court staff may be present on-site in state workers’ compensation court locations in accord with the N.J. Department of Labor and Workforce Development’s overall reopening plan. Consistent with public health guidance, the N.J. Division of Workers’ Compensation will increase on-site presence gradually with the understanding that we may change direction if COVID-19 trends worsen in the future. In accordance with N.J.A.C §12:235-1.2, workers’ compensation court rules shall continue to be relaxed, and the vast majority of workers’ compensation court proceedings shall be provided virtually, either telephonically or via Microsoft TEAMs. This shall include routine list markings, pre-trial conferences, dismissals for lack of prosecution, and, if the parties consent, approval of settlements, including Section 20 settlements and Section 22 settlements (Orders Approving Settlement). Only after a virtual conference with the presiding workers’ compensation judge, in accordance with N.J.A.C. §12:235-3.11, or N.J.A.C. §§12:235-3.2 and 3.3 for Emergent and Regular Motions for Medical and Temporary Disability Benefits, will contested matters be scheduled for an in-person Trial or Motion Hearing.
February 4, 2021: Notice Judges of Compensation and Members of the Bar
Effective immediately, the N.J. Division of Workers’ Compensation shall eliminate its Accidental Disability Pensions and Medical Monitoring and Coverage Policy, as set forth in former Director and Chief Judge Peter J. Calderone’s November 16, 2006 Memorandum to all judges and attorneys, titled “Public Employee Pension Issues Affecting Workers’ Compensation Awards”, and August 25, 2011 Memorandum to all judges and attorneys, titled “Accidental Disability Orders”. The aforementioned Memorandums of November 16, 2006 and August 25, 2011 are hereby rescinded. The Division shall discourage medical monitoring and coverage settlements as a stand-alone form of workers’ compensation benefit for public employees who receive an accidental disability pension and will not approve such settlements if proposed by the parties. All Judges of Compensation shall proceed in the normal course with all claim petitions brought by Petitioners who have applied for, or received, an Accidental Disability Pension in accordance with New Jersey’s Workers’ Compensation Statute, as well as any applicable provision of the N.J. Administrative Code, and appropriate case law. In addition, no claims before the N.J. Division of Workers’ Compensation will be adjourned for the the N.J. Department of Pension’s final determination of a petitioner’s eligibility for an accidental disability pension.
October 21, 2020: Notice Judges of Compensation, Members of the Bar and Court Staff
Effective January 1, 2021, the Hon. Maria Del Valle-Koch shall be the Administrative Supervisory Judge (ASJ) for the vicinages of Plainfield, Jersey City, and Freehold, succeeding the Hon. Lionel Simon III, who is retiring on December 31, 2020.
October 21, 2020: Notice to Judges and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: UEF Judicial Coordinator
Effective January 1, 2021, Administrative Supervisory Judge Philip Tornetta will be the Uninsured Employers Fund (UEF) Judicial Coordinator, succeeding the Hon. Lionel Simon III. Judge Tornetta will be responsible for all UEF judicial functions, including the supervision of all UEF judges.
July 10, 2020: Notice to the Bar
Notice to Bar - Workers’ Comp. Courts Closed to Public until further notice
In accordance with Governor Murphy’s previous Executive Orders, all N.J. Workers’ Compensation Courts shall continue to be closed to the public until further notice.
June 26, 2020: Notice to the Bar
Notice to Bar - Workers’ Comp. Courts Closed to Public until July 13, 2020 (COVID-19)
This notice announces additional statewide steps by the New Jersey Division of Workers’ Compensation to address the ongoing COVID-19 health crisis in New Jersey. In accordance with Governor Murphy’s previous Executive Orders, all N.J. Workers’ Compensation Courts shall continue to be closed to the public until Monday, July 13, 2020.
June 4, 2020: Notice to the Bar
Notice to Bar - Workers’ Comp. Courts Closed to Public until June 29, 2020 (COVID-19)
All N.J. Workers’ Compensation Courts shall continue to be closed to the public and to non-essential court personnel until Monday, June 29, 2020. Judges of Compensation shall continue to hear as many workers’ compensation matters as possible by telephonic and video conferencing, including emergent and non-emergent matters, such as, trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements. There will be no in-person Workers’ Compensation Court proceedings except limited emergent matters and limited ongoing trials and motions for medical and temporary benefits, in which case masks shall be worn by all parties and social distancing shall be enforced. Court offices will remain closed for in-person submissions. Filings will continue to be accepted electronically through COURTS On-line. Please contact each individual workers’ compensation court if you have questions about a scheduled hearing, motion, conference, or other matter by email, fax, or telephone.
May 21, 2020: Notice to the Bar
Notice to Bar - Workers’ Comp. Courts Closed to Public until June 8, 2020 (COVID-19)
All N.J. Workers’ Compensation Courts shall continue to be closed to the public and to non-essential court personnel until Monday, June 8, 2020. Judges of Compensation shall continue to hear as many workers’ compensation matters as possible by telephonic and video conferencing, including emergent and non-emergent matters, such as, trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements. There will be no in-person Workers’ Compensation Court proceedings except limited emergent matters and limited ongoing trials and motions for medical and temporary benefits, in which case masks shall be worn by all parties and social distancing shall be enforced. Court offices will remain closed for in-person submissions. Filings will continue to be accepted electronically through COURTS On-line. Please contact each individual workers’ compensation court if you have questions about a scheduled hearing, motion, conference, or other matter by email, fax, or telephone.
May 8, 2020: Notice to the Bar
Notice to Bar - Re: Three Additional WC Judges
Effective May 11, 2020, in addition to the twenty-six (26) Judges of Compensation previously assigned as per the Division’s Notice to the Bar of April 28, 2020, the following three (3) workers’ compensation judges shall hear as many workers’ compensation matters as possible in the assigned vicinages by telephonic conferencing, and if possible by video conferencing, including all emergent and non-emergent matters, including trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements: Hon. Sarah Minor - Bridgeton Vicinage, Hon. D. Gayle Loftis - Mt. Arlington Vicinage, and Hon. Dawn Shanahan - Trenton Vicinage
May 7, 2020: Notice to the Bar
Notice to the Bar - COVID-19 Workers' Comp. Courts Closed to Public until May 26, 2020
In accordance with Governor Murphy’s Executive Orders to slow the spread of the virus, all N.J. workers’ compensation courts shall continue to be closed to the public and to nonessential court personnel until Tuesday, May 26, 2020.
April 27, 2020: Notice to the Bar
Notice to Bar - Re: Additional Judges for Vicinages
Effective May 4, 2020, the following workers’ compensation judges shall hear as many workers’ compensation matters as possible in their assigned vicinage by telephonic conferencing, and if possible by video conferencing, including all emergent and non-emergent matters, including trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements.
April 22, 2020: Notice to the Bar
Notice to Bar - COVID-19 Workers’ Comp. Courts Closed to Public until May 11, 2020
In accordance with Governor Murphy’s Executive Orders to slow the spread of the virus, all N.J. workers’ compensation courts shall continue to be closed to the public and to non-essential court personnel until May 11, 2020.
All Administrative Supervisory Judges and Supervising Judges shall continue to be designated by the N.J. Department of Labor and Workforce Development and the N.J. Division of Workers’ Compensation as essential personnel and shall hear as many Workers’ Compensation matters as possible in their home vicinage by telephonic conferencing, and if possible by video conferencing, including all emergent matters and the following non-emergent matters, pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit.
April 8, 2020: Notice to the Bar
Notice to Bar - COVID-19 Workers’ Comp. Courts Closed to Public until April 27, 2020
In accordance with Governor Murphy’s Executive Orders 107 and 119, to slow the spread of the virus, all N.J. workers’ compensation courts shall continue to be closed to the public and to non-essential court personnel until April 27, 2020.
All Administrative Supervisory Judges and Supervising Judges shall continue to be designated by the N.J. Department of Labor and Workforce Development and the N.J. Division of Workers’ Compensation as essential personnel and shall hear as many Workers’ Compensation matters as possible in their home vicinage by telephonic conferencing, and if possible by video conferencing, including all emergent matters and the following non-emergent matters, pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit.
March 30, 2020: Notice to the Bar
All N.J. workers’ compensation courts will remain closed to the public and to non-essential court personnel until April 13, 2020.
However, on Monday, April 6, 2020, all Administrative and Supervising Judges shall be designated by the N.J. Department of Labor and Workforce Development and the N.J. Division of Workers’ Compensation as essential personnel and shall report to their home vicinages for the purpose of hearing as many Workers’ Compensation matters as possible by telephonic conferencing, including all emergent matters and the following non-emergent matters: pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit. There will be no in-person Workers’ Compensation Court proceedings (except for extremely limited emergent matters and certain ongoing motions for medical and temporary benefits and trials in which case social distancing will be enforced).
March 16, 2020: Notice to the Bar
This notice announces a three-week suspension of all workers’ compensation court calendars as part of the Division of Workers’ Compensation’s ongoing efforts to contain the spread of the COVID-19 coronavirus. This suspension of workers’ court proceedings will begin Tuesday, March 17 and continue through Friday, April 3, 2020. Litigants, attorneys, and witnesses who are scheduled to appear for a workers’ compensation matter from March 17, 2020 through April 3, 2020 should not appear in workers’ compensation court and should await notice of a rescheduled court date.
March 12, 2020: Notice to the Bar
The New Jersey Workers’ Compensation courts are following the guidance of the New Jersey Department of Health (NJ DOH) and the Centers for Disease Control and Prevention (CDC) to navigate the evolving situation relating to the coronavirus (COVID-19). Based on that guidance, we are currently maintaining normal business operations. All workers’ compensation courthouses and facilities at present remain open according to their regular schedules. At the same time, we are taking preventive measures to reduce risk and ease concerns. It is imperative that attorneys, litigants, court users, and court employees not come to court if they are or may be at risk of exposure to or transmission of COVID-19. Instead, anyone with symptoms of COVID-19 or a risk of exposure (including a risk based on recent travel) should contact the court by phone and request to reschedule the proceeding or seek some other accommodation. Requests should be documented in writing as well. Judges and staff will handle requests on a case-by-case basis consistent with the most up-to-date guidance from the NJ DOH and CDC.
January 2, 2020: Notice to the Bar, Workers’ Compensation Insurance Carriers, and Self-insured Employers
Memo from Director and Chief Judge Wojtenko re: New Member of the Commission on Judicial Performance
On December 31, 2019, Marie Rose Bloomer, Esq., resigned from the N.J. Division of Workers' Compensation's Commission on Judicial Performance. Effective January 1, 2020, and in accordance with N.J.A.C. 12:235-10.5, I have appointed Michelle G. Haas, Esq., of the Law Office of Hoagland, Longo, Moran, Dunst & Doukas, LLP, to serve on the Commission for the remainder of Ms. Bloomer's term, which expires on August 31, 2020.
December 17, 2019: Notice to the Bar, Workers’ Compensation Insurance Carriers, and Self-insured Employers
Governor Murphy signed into law Senate Bill S1967 (N.J.S.A. 34:15-95.6) providing supplemental benefits to the dependents of public safety workers payable by the Second Injury Fund. Under this law, in order to process these benefits, all insurance carriers and self-insured employers responsible for the payment of workers’ compensation death benefits to dependents of public safety workers shall provide the N.J. Division of Workers’ Compensation - Office of Special Compensation Funds with the identities, including current mailing addresses, of said dependents, together with a copy of the formal award of dependency benefits and the calculation of the supplemental benefits, no later than the 60th day after the date on which it is determined that the payment of supplemental benefits to these dependent is required pursuant to this legislation. Failure to timely provide said information, including the correct calculation of benefits, to the Office of Special Compensation Funds resulting in the payment of an incorrect amount of benefits, shall result in the individual insurance carrier or self-insured employer’s liability for payment of said supplemental benefits. This law only provides for payment of supplemental benefits to those dependents who were formally awarded dependency benefits by a Judge of Compensation in the N.J. Division of Workers’ Compensation. If dependents of a public safety worker have not received a formal dependency award from a N.J. Judge of Compensation, but rather are receiving voluntary tendered dependency benefits, and wish to qualify for the new supplemental benefits, a Dependency Claim Petition to Convert Voluntary Tender to Formal Judgment Pursuant to N.J.S.A. 34:15-95.6 must be filed with the N.J. Division of Workers’ Compensation. Then, a claim for supplemental benefits will be processed as set forth above.
Dependency Claim Petition - To convert Voluntary Tender to Formal Judgment
November 15, 2018: Notice to the Bar
As of March 15, 2019, the N.J. Division of Workers’ Compensation shall require all licensed New Jersey attorneys and law firms to file the following pleadings electronically through COURTS on-line in accordance with N.J.A.C. 12:235-3.1: Claim Petitions, Answers to Claim Petitions, Dependency Claim Petitions, Answers to Dependency Claim Petitions, Medical Claim Petitions, Answers to Medical Claim Petitions, Applications for Review and Modification of Formal Awards (Re-Openers), Answers to Review and Modification of Formal Awards (Re-Openers), and Amendments to all the pleadings set forth above. Any such pleading filed on or after March 15, 2019, shall be rejected for filing, with instructions to file the matter electronically through COURTS on-line. In such instances, the filing date shall be the date the document is received through COURTS on-line.
COURTS on-line Subscriber Application form
COURTS on-line Subscriber Change form
October 15, 2018: Notice Judges of Compensation, Members of the Bar and Court Staff
With the approval and consent of Robert Asaro-Angelo, Commissioner of Labor & Workforce Development, effective October 15, 2018, the Hon. Arthur J. Marchand has been appointed the Administrative Supervisory Judge (ASJ) for the vicinages of Bridgeton, Toms River, and Atlantic City. ASJ Ingrid French will now supervise the Camden, Mt. Holly, and Trenton vicinages, ASJ Philip Tornetta will supervise the Newark, Hackensack, and Paterson vicinages, and ASJ Ashley Hutchinson will supervise the New Brunswick, Lebanon, and Mt. Arlington vicinages. ASJ Lionel Simon, III, will continue to supervise the Freehold, Plainfield, and Jersey City vicinages.
August 23, 2018: Notice to Judges of Compensation, Members of the Bar and Court Staff
Effective September 1, 2018, and in accordance with N.J.A.C. 12:235-10.5, Director and Chief Judge Wojtenko has appointed E. Richard Boylan, Esq., Joyce A. Parisi, Esq., Hon. Andrew Smith, J.W.C. (retired), Hon. George Pollard, J.W.C. (retired), Marie Rose Bloomer, Esq., Bryce S. Chase, Esq., Julius Feinson, Esq., James C. Knicos, and Mark B. Zirulnik, Esq., to serve as member of the N.J. Division of Workers’ Compensation’s Commission on Judicial Performance. Mr. Boylan shall serve as the Chairperson and Ms. Parisi shall serve as the Vice Chairperson. Their terms of service shall expire on August 31, 2020.
April 18, 2018: Notice to Judges, Members of the Bar and Court Staff
Memo from Director/Chief Judge Wojtenko re: Medicare Conditional Payments
It is the position of the N.J. Division of Workers’ Compensation that litigants fully comply with and adhere to the Centers for Medicare & Medicaid Services’ (CMS) policies and procedures regarding its recovery of conditional payments, including the mandatory reporting requirements of Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007.
Before a N.J. Judge of Compensation can consider a proposed Order Approving Settlement or Order Approving Settlement under N.J.S.A. 34:15-20 (Section 20 settlement) involving a petitioner who is a Medicare beneficiary, the parties shall first report the required workers’ compensation claim information to CMS as set forth by Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007. The parties shall also begin CMS’ process of obtaining conditional payment information.
In accordance with the Division’s memorandum of March 28, 2016, if conditional payments have been made, it is best left to the parties to decide how they will resolve their remaining Medicare issues. The parties are strongly encouraged to reach specific agreements delineating how their remaining Medicare issues will be resolved, thus protecting the injured Medicare beneficiaries, employers, and workers’ compensation insurers, as well as honoring the rights and interests of Medicare.
For more information, visit the following:
- https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Mandatory-Insurer-Reporting-For-Non-Group-Health-Plans/Overview.html
- https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Beneficiary-Services/Liability-No-Fault-and-Workers-Compensation-Reporting/Liability-No-Fault-and-Workers-Compensation-Reporting.html
- https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Coordination-of-Benefits-and-Recovery-Overview/Contacts/Contacts-page.html
February 14, 2018: Notice to Judges, Members of the Bar and Court Staff
Joyce A. Parisi, Esq., of Parisi & Gerlanc, P.A., is the new Vice Chairperson for the Commission on Judicial Performance
November 29, 2017: Notice Judges and Members of the Bar
Memo from Director/Chief Judge Wojtenko Re: Liquidation of Guarantee Insurance Company
The N.J. Division of Workers’ Compensation has been informed that Guarantee Insurance Company was ordered into receivership on November 27, 2017, for purposes of liquidation by the Second Judicial Circuit Court in Leon County, Florida.
The administration of all claims against this carrier will be handled by the office of the New Jersey Property-Liability Insurance Guaranty Association (NJ PLIGA) in accordance with N.J.S.A. 34:15–103 et seq. We anticipate that NJ PLIGA will appoint attorneys in all active New Jersey workers’ compensation cases within the next 3-4 cycles. Inquiries regarding this transfer should be addressed to New Jersey Property-Liability Insurance Guaranty Association, 233 Mt. Airy Road, Basking Ridge, NJ 07920, Telephone (908) 382-7100.
October 2, 2017: Notice Judges, Court Staff, and the Bar
Memo from Director/Chief Judge Wojtenko Re: Certified Court Reporters
As per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Department of Labor and Workforce Development – Division of Workers’ Compensation shall utilize certified court reporter services set forth under the current Statewide Contract (T-2767) for Certified Court Reporters/Certified Real Time Court Reporters.
In accordance with that contact and its method of operation, J.H. Buehrer & Associates, Jersey Shore Reporting, L.L.C., and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation.
September 11, 2017: Notice Judges, Court Staff, and the Bar
As per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Department of Labor and Workforce Development – Division of Workers’ Compensation shall utilize certified court reporter services set forth under the current Statewide Contract (T-2767) for Certified Court Reporters/Certified Real Time Court Reporters.
In accordance with that contact and its method of operation, J.H. Buehrer & Associates, Jersey Shore Reporting, L.L.C., and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation for the period of September 11, 2017 through September 29, 2017.
August 21, 2017: Notice Judges, Court Staff, and the Bar
As per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Department of Labor and Workforce Development – Division of Workers’ Compensation shall utilize certified court reporter services set forth under the current Statewide Contract (T-2767) for Certified Court Reporters/Certified Real Time Court Reporters.
In accordance with that contact and its method of operation, J.H. Buehrer & Associates, Jersey Shore Reporting, L.L.C., and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation for the period of August 21, 2017 through September 8, 2017.
August 8, 2017: Notice Judges, Court Staff, and the Bar
Memo from Director/Chief Judge Wojtenko Re: Certified Court Reporters
In accordance with the Order entered by the Hon. Douglas H. Hurd, P.J.C.V., on August 8, 2017, and as per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Department of Labor and Workforce Development – Division of Workers’ Compensation shall utilize certified court reporter services set forth under the current Statewide Contract (T-2767) for Certified Court Reporters/Certified Real Time Court Reporters.
In accordance with that contact and its method of operation, effective August 9, 2017, J.H. Buehrer & Associates, Jersey Shore Reporting, L.L.C., and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation for the period of August 9, 2017 through August 18, 2017.
J.H. Buehrer & Associates shall provide certified court reporters for the Central region of the State. This consists of the workers’ compensation courts in New Brunswick, Lebanon, Freehold, Trenton and Toms River. Jersey Shore Reporting, L.L.C., shall provide certified court reporters for the workers’ compensation courts in portions of the Northern region and all of the Southern region as follows: Paterson, Hackensack, Jersey City, Plainfield, Mt. Holly, Camden, Atlantic City and Bridgeton. William C. O’Brien & Associates, Inc., shall provide certified court reporters for the courts in the remainder of the Northern region as follows: Mt. Arlington and Newark.
July 28, 2017: Notice Judges, Court Staff, and the Bar
Memo from Director/Chief Judge Wojtenko Re: Certified Court Reporters TRO II
Pursuant to the Order to Show Cause with Temporary Restraints, entered by the Honorable Douglas H. Hurd, P.J.C.V., on July 10, 2017, the N.J. Department of Labor and Workforce Development - Division of Worker’s Compensation shall utilize the certified court reporter services as set forth in Director and Chief Judge Russell Wojtenko, Jr., memorandum of November 16, 2016.
Further instruction will be provided upon the expiration of the temporary restraining order.
July 10, 2017: Notice Judges, Court Staff, and the Bar
Memo from Director/Chief Judge Wojtenko Re: Certified Court Reporters (TRO)
Pursuant to the Order to Show Cause with Temporary Restraints, entered by the Honorable Douglas H. Hurd, P.J.C.V., on July 10, 2017 and expiring on July 28, 2017, the N.J. Department of Labor and Workforce Development - Division of Worker’s Compensation shall utilize the certified court reporter services as set forth in Director and Chief Judge Russell Wojtenko, Jr., memorandum of November 16, 2016.
Further instruction will be provided upon the expiration of the temporary restraining order on July 28, 2017.
July 6, 2017: Notice Judges, Court Staff, and the Bar
Memo from Director/Chief Judge Wojtenko Re: Certified Court Reporters (7/10/17 through 7/28/17)
As per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Department of Labor and Workforce Development - Division of Workers’ Compensation shall utilize the certified court reporters services set forth under the current Statewide Contract (T-2767) for Certified Court Reporters/Certified Real Time Court Reporters.
In accordance with that contract and its method of operation, effective July 10, 2017, J.H. Buehrer & Associates, Jersey Shore Reporting, L.L.C., and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation for the period of July 10, 2017 through July 28, 2017.
May 5, 2017: Notice to Judges and Members of the Bar
Memo from Director/Chief Judge Wojtenko Re: New Member of the Commission on Judicial Performance
On April 24, 2017, due to his retirement from the practice of law, Patrick Caulfield, Esq., resigned from the N.J. Division of Workers’ Compensation’s Commission on Judicial Performance. In accordance with N.J.A.C. 12:235-10.17, I have appointed Julius Feinson, Esq., of the Law Office of Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C., to serve on the Commission for the remainder of Mr. Caulfield’s term, which expires on August 31, 2018.
April 3, 2017: Notice to Judges and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: Liquidation of Castlepoint National Insurance Company
The N.J. Division of Workers’ Compensation has just been informed that Castlepoint National Insurance Company is insolvent and has been placed into liquidation by the Insurance Commissioner of the State of California. The administration of all claims against this carrier will be handled the office of the New Jersey Property-Liability Insurance Guaranty Association (NJ PLIGA) in accordance with N.J.S.A. 34:15–103 et seq.
November 16, 2016: Notice to Judges, Court Staff and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: Certified Court Reporters
As per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Division of Workers’ Compensation shall utilize the court reporter services set forth under their new statewide contract for certified court reporters / certified real time court reporters. In accordance with that contract, effective November 21, 2016, State Shorthand Reporting Service, Inc., Guy J. Renzi & Associates, and William C. O’Brien & Associates, Inc., shall provide the certified court reporters for all the courts in the N.J. Division of Workers’ Compensation. State Shorthand shall provide the court reporters for our courts in Paterson, Hackensack, Jersey City, Mt. Holly, Camden, Atlantic City, and Bridgeton. Guy J. Renzi & Associates shall provide the court reporters for our courts in New Brunswick, Lebanon, Freehold, Trenton, and Toms River. William C. O’Brien shall provide the court reporters for our courts in Mt. Arlington, Newark, and Plainfield.
November 7, 2016: Notice to Judges, Court Staff and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: New Administrative Supervisory Judge
I am happy to announce, with the approval and consent of Aaron Fichtner, Ph.D., Acting Commissioner of Labor and Workforce Development, effective January 1, 2017, the Hon. Lionel Simon, III has been appointed the Administrative Supervisory Judge for the Vicinages of Freehold, Mt. Holly, and Camden.
November 7, 2016: Notice to Judges, Court Staff and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: New Supervising Judges – Plainfield and Camden
I am happy to announce, with the approval and consent of Aaron Fichtner, Ph.D., Acting Commissioner of Labor and Workforce Development, effective January 1, 2017, the Hon. Maria Del Valle-Koch will be the Supervising Judge of the Plainfield vicinage, and the Hon. George Gangloff will be the Supervising Judge of the Camden vicinage.
October 17, 2016: Notice to Judges, Court Staff and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: Second Injury Fund Judicial Coordinator
I am happy to announce, effective immediately, Administrative Supervisory Judge Ashley Hutchinson will be the Second Injury Fund Judicial Coordinator, succeeding the Hon. Virginia Dietrich. Judge Hutchinson will be responsible for all Second Injury Fund judicial functions, including the supervision of all SIF judges.
October 7, 2016: Notice to Judges, Court Staff and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: Interrogatories in Medical Provider Claims
Notwithstanding Former Director/Chief Judge Calderone’s Memo of November 21, 2013 (Re: Interrogatories in Medical Provider Claims) to the contrary, interrogatories in medical provider claims shall only be permitted in accordance with N.J.A.C. 12:235-3.8(g)(Interrogatories may be allowed in other cases, upon motion, for good cause shown).
September 1, 2016: Notice to Judges, Court Staff and Members of the Bar
Memo from Director/Chief Judge Wojtenko re: Commission on Judicial Performance
In accordance with N.J.A.C. 12:235-10.17, Director Wojtenko has appointed Patrick Caulfield, Esq., Chairperson, Richard Boylan, Esq., Vice Chairperson, Hon. Mark E. Litowitz, J.W.C. (Retired), Hon. George Pollard, J.W.C. (Retired), Marie Rose Bloomer, Esq., Bryce S. Chase, Esq., James C. Knicos, Joyce A. Parisi, Esq., and Mark B. Zirulnik, Esq., to serve as members of the N.J. Division of Workers’ Compensation’s Commission on Judicial Performance. Their terms of service shall expire on August 31, 2018.
August 29, 2016: Notice to Judges, Court Staff and the Bar
Effective immediately, any and all documents filed with the N.J. Division of Workers’ Compensation, including but not limited to, claim petitions, answers, motions, orders and/or judgments, may be filled out and signed in either black or blue ink.
August 23, 2016: Notice to Judges, Court Staff and the Bar
The Elizabeth Workers’ Compensation Court will move to our new facility in Plainfield, located at 200 W. 2nd Street, Plainfield, New Jersey 07060, on Friday, September 23, 2016. In order to accomplish this move, the Elizabeth/Plainfield Vicinage will be closed to the public on Thursday, September 22nd, Friday, September 23rd, and Monday, September 26th, 2016. All lists will be cancelled on those days.
July 7, 2016: Notice to Judges, Court Staff and the Bar
Memo from Director/Chief Judge Wojtenko re: New Administrative Supervisory Judge
I am happy to announce, with the approval and consent of Harold Wirths, Commissioner of Labor and Workforce Development, effective July 9, 2016, the Hon. Ashley Hutchinson has been appointed our fifth Administrative Supervisory Judge for the N.J. Division of Workers’ Compensation. Judge Hutchinson will supervise the New Brunswick, Elizabeth and Jersey City vicinages.
June 30, 2016: Notice to Judges, Court staff and the Bar
Memo from Director/Chief Judge Wojtenko re: Certified Court Reporters
Under the existing statewide contract for certified court reporters / certified real time court reporters, effective July 1, 2016, Guy J. Renzi & Associates, shall provide the court reporters for the Central region, which consists of our courts in New Brunswick, Lebanon, Freehold, Trenton, and Toms River.
March 28, 2016: Notice to Judges and Attorneys
Many attorneys have contacted the N.J. Division of Workers’ Compensation with concerns about the recent changes to Medicare’s new Insurer Non-Group Health Plans Recovery program (Conditional Payments) and its impact on the timely resolution of workers’ compensation cases. See Center for Medicare & Medicaid Services’ website for a summary of the Insurer Non-Group Health Plans Recovery policy at https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/InsurerServices/Insurer-NGHP-Recovery.html
February 23, 2016: Notice to Judges and Attorneys
Memo from Director/Chief Judge Wojtenko re: Court Closing Policy and Attorney Adjournment Process
The only consistent statewide cancellation of Court lists shall occur on the following days: the day of the Spring Judicial College (held on the first 3-3 Day in May), the day of the New Jersey State Bar Association’s Annual Meeting and Convention – Workers’ Compensation Section Meeting, the day of the Fall Judicial College (held on the first 3-3 Day in October), the day after Thanksgiving, the day of the Workers’ Compensation Bench Bar Conference, and the days between Christmas Day and New Year’s Day.
February 3, 2016: Notice to Judges, Court Staff and the Bar
Memo from Director/Chief Judge Wojtenko re: Certified Court Reporters
On January 31, 2016, the contract with our court reporter services expired. As per the N.J. Department of Treasury, Division of Purchase and Property, the N.J. Division of Workers’ Compensation shall utilize the court reporter services set forth under the existing statewide contract for certified court reporters / certified real time court reporters.
January 13, 2016: Notice to Judges and Attorneys
I am happy to announce, with the approval and consent of Harold Wirths, Commissioner of Labor and Workforce Development, effective Monday, January 4, 2016, Judges Emille Cox and Philip Tornetta were appointed Administrative Supervisory Judges for the Division of Workers' Compensation.
January 11, 2016: Notice to Judges and Attorneys
Memo from Director/Chief Judge Wojtenko re: Expert Fees
Today, Governor Chris Christie signed A-4438/S-3202 into law. This law raises the maximum fee for an evaluating physician's report to $600.00.
December 11, 2015: Notice to Judges and Attorneys
Memo from Director/Chief Judge Wojtenko re: Counsel Fees
Counsel fees are governed solely by N.J.S.A. 34:15-64, applicable case law and applicable New Jersey Administrative Code provisions
August 18, 2015: NOTICE TO JUDGES AND ATTORNEYS
Revel Final Decree and Order Closing Chapter 11 Cases
February 27, 2015: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Web based Oscar-Calcs Program
The Oscar-Calcs program, developed by the Division of Workers' Compensation with the assistance of many judges and attorneys, has become the primary method for judges and attorneys to calculate settlement awards... read full memo.
January 12, 2015: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Adjournment and Ready Hold Forms
I mentioned at the December Bench Bar that the Division of Workers' Compensation would be implementing the ability to file adjournment and ready hold requests by e-mail. The process has been accomplished... read full memo.
December 9, 2014: NOTICE TO INTERESTED PARTIES
Memo from Director/Chief Judge Calderone re: Medical Provider Committee Report
A Committee of the Commissioner’s Advisory Council on Workers' Compensation issued the attached report concerning Medical Provider Claims. In particular, the Report recommends... read full memo.
December 4, 2014: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Judge Dietrich Scholarship
You may be aware that a Kids Chance scholarship fund has been started in memory of Administrative Supervisory JudgeVirginia Dietrich... read full memo.
December 4, 2014: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Counsel Fees
Pursuant to N.J.S.A. 34:15-64, judges of compensation have the discretion to award a reasonable counsel fee not to exceed 20% of the award entered... read full memo.
August 4, 2014: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Revised Adjournment and Ready Hold Form
Recently we posted an Adjournment and Ready Hold Form for mandatory use in Elizabeth as a pilot program to assess the form's effectiveness and the form was also available for use in other vicinages... read full memo.
June 16, 2014: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Adjournment and Ready Hold Form
We have received requests for a Division Adjournment and Ready Hold form. In consultation with the Administrative Supervisory Judges and others, we have developed the attached form...read full memo.
January 28, 2014: NOTICE TO JUDGES AND ATTORNEYS
November 21, 2013: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Interrogatories in Medical Provider Claims
There has been an increase in the number of Medical Provider Claims (MPC) which has resulted in additional discovery motions particularly for the filing of interrogatories... read full memo.
November 21, 2013: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Total Disability Calculations
In consultation with judges and attorneys including Second Injury Fund (Fund) counsel, the following procedures should be utilized in appropriate Total Disability cases... read full memo.
June 6, 2013: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Video Conference Testimony
With the assistance of the Workers' Compensation Section of the State Bar we have formulated the attached guidelines for Video Conference Testimony... read full memo.
April 15, 2013: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Court Rules
Pursuant to the Administrative Procedures Act, we periodically review our court rules found at N.J.A.C. 12:235-1.1 et seq....read full memo.
February 12, 2013: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Electronic Filing of Motions
We are pleased to announce that this week we initiated a key upgrade to the COURTS system that now allows the electronic filing of motions... read full memo.
December 3, 2012: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Counsel Fees
Pursuant to N.J.S.A. 34:15-64, judges of compensation have the discretion to award a reasonable counsel fee not to exceed 20% of the award entered... read full memo.
July 11, 2012: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Medicare Conditional Payment and Set-Aside Issues
The federal Medicare Secondary Payer Statute as administered by the Center for Medicare & Medicaid Services (CMS) has set various policies, procedures and regulations affecting workers' compensation petitioners who are Medicare entitled or have reasonable expectation of eligibilty... read full memo.
June 7, 2012: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: COURTS IV
New Jersey was the first state to have a fully automated workers' compensation case management system.... read full memo.
June 7, 2012: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Medicare and CMS
The New Jersey Advisory Council on Safety and Health has requested a response to questions below concerning Medicare and the Center for Medicare Services ("CMS").... read full memo.
June 5, 2012: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Division of Vocational Rehabilitation
In consultation with the Division of Vocational Rehabilitation ("DVRS"), we are discontinuing workers' compensation judge referrals to DVRS.... read full memo.
January 31, 2012: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Second Injury Fund
Recently Judge Delores McNamee made a presentation to the Burlington County Bar Association on topics that included the Second Injury Fund.... read full memo.
November 29, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Workers' Compensation Discovery Issues Committee
Both petitioner and respondent attorneys have raised concerns with our workers' compensation discovery process... read full memo.
November 29, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Counsel Fees
Pursuant to N.J.S.A. 34:15-64, judges of compensation have the discretion to award a reasonable counsel fee not to exceed 20% of the award entered... read full memo.
September 29, 2011: NOTICE TO JUDGES AND ATTORNEYS
In order to expeditiously conclude successful Motions for Medical and Temporary Disability Benefits where counsel fees had been reserved, counsel fees to petitioner's attorney should ordinarily be paid when active treatment pursuant to the motion has been completed....read full memo.
September 1, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Bar Center Centennial Picnic and Barbeque
Attached is a flyer for the Centennial Picnic and Barbeque on September 23, 2011 to be held at the New Jersey Law Center...read full memo
August 31, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Burn Surgeons of St. Barnabas v. Shop Rite
Administrative Supervisory Judge Virginia Dietrich recently issued an opinion in the above matter concerning medical payment issues...read full memo
Read Administrative Supervisory Judge Virgina Dietrich's opinion:
Burn Surgeons of St. Barnabas v. Shop Rite
August 25, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Daily Calling of the List
The calling of the list is a long standing tradition in workers' compensation court and serves as a common practice across vicinages.... read full memo
August 25, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Accidental Disability Orders
In consultation with other agencies, the following is the recommended language to be included in Orders where the petitioner is receiving an accidental disability pension and has accepted the continuing medical treatment option... read full memo
May 24, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Centennial Gala Photos
Photos from the Centennial Gala by the Department's photogropher can be found by going to the Centennial webpage found to the right on this page of the Division's website... read full memo
May 3, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: May 2, 2011 Centennial Seminar
We had over 500 attorneys sign up for the Seminar. Your feedback on the evaluation forms will be helpful to determine the benefits of the Seminar and whether future Division seminars would be supported...read full memo
February 22, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Workers' Compensation Regulations
Pursuant to the Administrative Procedures Act, the workers' compensation regulations, N.J.A.C. 12:235-1.1 et seq., will sunset in July 2011 unlesss readopted or extended... read full memo.
February 10, 2011 - NOTICE TO JUDGES AND ATTORNEYS
The New York Liquidation Bureau has informed the Division of Workers' Compensation that approved Atlantic Mutual and Centennial Insurance companies' awards will be processed and paid... read full memo.
January 28, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Specialized Medical Expert Allowances
N.J.S.A. 34:15-64 provides an allowance schedule for reports and appearances by evaluating and treating physicians. A Task Force appointed by Bar Section Chair Jerry Rotella recognized that there are situations where petitioner attorneys must retain... read full memo.
January 19, 2011: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Office Closures or Delayed Openings
There is a new section on the first page of our website that links to the Department and State websites for information on office closures and delayed openings.... read full memo.
December 21, 2010: NOTICE TO WORKERS' COMPENSATION COLLEAGUES
Memo from Director/Chief Judge Calderone re: Workers' Compensation Centennial
2011 will be the 100th Anniversary of the New Jersey Workers' Compensation Program. Our Centennial Committee is finalizing events and activities for next year... read full memo
November 8, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Task Force for Medical Provider Claims
Enclosed is the Report of the Task Force on Medical Provider Claims which was chaired by Administrative Supervisory Judge Virginia Dietrich for your review.... read full memo
November 4, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone re: Proposed Stop-Work Order Rule
The attached rule proposal to implement amendments to N.J.S.A. 34:15-79 was published in the November 1, 2010 New Jersey Register. The rule proposal specifcally addresses procedures for stop-work orders when an employer has not complied with the workers' compensation insurance requirements....read full memo
October 28, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Medicare Release Language
Attached are e-mails between the workers' compensatin judges and this office concerning Medicare Release Language....read full memo
September 28, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Court Reporting Services
We have been advised this week that new contracts will take effect between the State of New Jersey and Workers' Compensation Reporting Services on October 1, 2010. The relevant changes in the new contracts include:... read full memo
September 22, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone... re: NJM Charts and OSCAR
There are a few instances where OSCAR and the New Jersey Manufacturers Insurance Company (NJM) differs on weeks 90 and 96. For example, on the front of the 2007 NJM chart the benefit for 30% of the leg is $17,995.50... read full memo.
June 21, 2010: NOTICE TO BAR
Please be advised that on June 21st, the Atlantic City Workers' Compensation Court moved up one floor to the Fourth Floor of the Atlantic County Office building. The new address is:
1333 Atlantic Avenue
4th Floor
Atlantic City, NJ 08401
The telephone number will remain the same.
June 4, 2010: NOTICE TO JUDGES AND ATTORNEYS
We have just been informed that Imperial Casualty and Indemnity is insolvent and has been placed into liquidation by the Oklahoma Department of Insurance...read full memo.
May 12, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Workers' Compensation Centennial
In 1911, New Jersey was one of twelve states that enacted the first workers' compensation statutes in the country....read full memo
May 11, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Judicial Re-Assignments
There are a number of judicial reassignments taking place on June 1, 2010....read full memo
March 29, 2010: NOTICE TO JUDGES AND ATTORNEYS
There has been discussion concerning attendance by judges and the status of the court system for the Bar Convention Workers' Compensation Section meeting.... read full memo
March 12, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Dismissal As to Carrier
We are advised of delays in dismissing carriers who are mistakenly listed on claim petitions. If a carrier is not the correct carrier, the dismissal as to carrier form (order) should be entered without the need for a formal motion and dismissal. Read full memo.
January 28, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Recent Events
Governor Chris Christie nominated Sussex County Freeholder Director Harold J. Wirths to be Commissioner of the Department of Labor and Workforce Development...read full memo
January 14, 2010: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: New Judges and Re-Assignments
As you may be aware, the New Jersey Senate confirmed eight (8) new judges of compensation during the last two weeks of the legislative session. The current case distributions, office space, support staff and geographical locations of the new judges creates serious administrative problems. Reassignments concerning current judges will be as limited as possible as we accommodate the additional Judges.... read full memo.
November 23, 2009: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Medicare
We are advised that there is a new website available to access information from Medicare. The only individuals allowed to access the site are Medicare recipients and their authorized representatives.......read full memo.
October 20, 2009: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Rule Adoptions
The rule proposals for emergent medical motions, carrier and self-insured contact person information, judicial enforcement powers and Uninsured Employer's Fund amendments have been adopted....read full memo.
September 10, 2009: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Medicare Articles
Enclosed please find two Medicare articles by Rob Lewis Esq. that addresses, among other things, the insurer reporting requirments that may be of interest to you... read full memo.
August 24, 2009: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Medicare Questions on Court Orders
Medicare reviews and compliance when required should be initiated early in a case proceeding. However, there have been ongoing problems where cases have been finalized without recognition of Medicare requirements. Such noncompliance puts the petitioner, the respondent, the attorneys and the judge at risk... read full memo.
July 14, 2009: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Amendments to N.J.S.A 34:15-79
As you may be aware, Governor Jon S. Corzine signed into law Assembly, No. 3569 and Senate, No. 2498 which amend N.J.S.A. 34:15-79. Of primary interest is the new section of the statute that allows the Director to issue stop-work orders in certain situations.....read full memo.
April 6, 2009 - NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Medicare Eligible Petitioners
As you may be aware, the Center for Medicare Services (CMS) will shortly require insurers and self insured employers to report to CMS the names of Medicare eligible individuals involved in or claiming a work injury. While it has been our policy to inquire about Medicare status at an early stage of a case, the CMS expanded reporting procedures create added impetus for all parties to be aware of a petitioner's Medicare eligibility. Such reporting will provide CMS with additional information to enforce its requirements that all CMS conditional payment and when required set-aside reviews are completed....read full memo.
March 26, 2009: NOTICE TO JUDGES AND ATTORNEYS
As you are aware, we have had support staff reductions in our central office and district office locations. We have also had to reassign central office personnel to the district offices to accommodate the daily flow of court proceedings and to best serve the case parties...read full memo.
March 3, 2009: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone... re: Child Support Liens
Pursuant to statutory requirements, we have obtained information on Child Support Liens from the Administrative Office of the Court (AOC) on a monthly basis inputting the data into our COURTS system.....read full memo.
January 5, 2009 - NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Second Injury Fund Lists
As you are aware Deputy Attorney General Dolores McNamee has been recommended for confirmation as a Workers' Compensation Judge by the Senate Judiciary Committee on nomination by Governor Corzine......read full memo.
December 23, 2008: NOTICE TO JUDGES AND ATTORNEYS
Enclosed please find the above Appellate Division opinion affirming Judge Mark Litowitz's decision assessing liability against several insurers of respondent in an occupational total disability case.......read full memo and decision.
December 11, 2008: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Court Closing Policy and Adjournment Process
In 1998 a Committee of judges and attorneys chaired by Judge Peter Womak reviewed the then court closing schedule and attorney adjournment process...read full memo.
December 1, 2008: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Counsel Fees
Pursuant to N.J.S.A. 34:15-64, judges of compensation have the discretion to award a reasonable counsel fee not to exceed 20% of the award entered. The judge should in all matters determine a reasonable fee based on the circumstances of the case and the value of the services performed....read full memo.
October 2, 2008: NOTICE TO ALL JUDGES, ATTORNEYS AND CASE PARTIES
Memo from Director/Chief Judge Calderone... re: Legislative Changes
We are advised that Governor Jon S. Corzine has signed the following bills into law on October 1, 2008 to take effect immediately:.... read full memo.
October 1, 2008: NOTICE TO ALL JUDGES, ATTORNEYS AND CASE PARTIES
Pursuant to recent legislation L.2008, c:____(Senate Nos. 1913 and 1916), signed into law by Governor Jon S. Corzine on October 1, 2008 and effective immediately, attached to this memorandum are pre-publication rule proposals.:.... read full memo.
September 29, 2008: NOTICE TO ALL ATTORNEYS AND CASE PARTIES
Memo from Director/Chief Judge Calderone... re: Day after Thanksgiving
Due to leave requests, there will be no court lists in the following offices on November 28, 2008: ..... read full memo.
August 4, 2008: NOTICE TO BAR, INSURANCE CARRIERS AND SELF INSURERS
For Calendar Year 2009, the maximum workers' compensation weekly benefit rate for temporary total disability, permanent total disability, permanent partial disability and dependency benefits will be $773. Click here for further details.
July 8, 2008 - NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: AIG Cases
We have been in contact with AIG with respect to issues raised by judges and attorneys. Attached please find correspondence I received from AIG setting a centralized mailing address for AIG affiliates.....read full memo.
July 7, 2008 - NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Recent Second Injury Fund Appellate Opinions
We normally only provide the unpublished Appellate Division opinions to the workers’ compensation judges. However, we have this year received several extensive unpublished Appellate Division opinions concerning Second Injury Fund cases. The most recent appellate opinions, Quick v. Discount Oil Co., Docket No. A-3489-06T1 (App. Div. June 17, 2008) and Vassilatos v. Mercer Wrecking Recycling Corp., Docket No. A-4878-06T3 (App. Div. July 2, 2008) set forth the basic legal principles and cite the relevant case law affecting the Second Injury Fund which may also be of interest to workers’ compensation attorneys.....Read full memo.
May 9, 2008: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone....re: Transcript Fees
The four court reporting companies for workers' compensation have been charging differing fees for transcripts under the current State contract which will expire at the end of August, 2009. Read full memo.
April 25, 2008: NOTICE TO JUDGES AND THE BAR
OSCAR-Calcs is a PC-based software package which addresses the most common date and arithmetic functions that arise during the course of a workers’ compensation case.
Since its initial release in December, 2007, a number of comments and suggestions have been received. The latest version of OSCAR-Calcs corrects calculation problems in the partial-total disability function, adds print functions to all calculators and addresses some monetary entry problems.
The software, previously only available on CD-ROM from the district offices, is now available as a download from this website. Click for further details and downloading information.
April 24, 2008: NOTICE TO JUDGES AND THE BAR
Earlier this month, amendments to N.J.S.A. 34:15-130 et seq. were enacted which expands workers' compensation coverage under the New Jersey Horse Racing Compensation Board Act...Read full memo.
April 21, 2008: NOTICE TO JUDGES AND THE BAR
PRESS RELEASE - SARLO: WORKERS' COMP TO BE FOCUS OF NEXT SENATE LABOR PANEL MEETING
Trenton - Senator Paul A. Sarlo, Chairman of the Senate Labor Committee, today said the panel would schedule a special hearing May 5 on the workers' compensation system in New Jersey...see full notice.
March 4, 2008: NOTICE TO JUDGES AND THE BAR
Memo from Director/Chief Judge Calderone....re: MCARE cases
Attached is the most recent listing of MCARE cases. Generally, a case is marked MCARE if the case is settled but still open pending the completion of Medicare review(s). As indicated, the number of MCARE cases has been significantly reduced from the January 2007 level. The Division's website has extensive information on the process that must be completed when the petitioner is Medicare entitled......read full memo.
March 3, 2008: NOTICE TO THE BAR
Please be advised that on March 24, 2008, the Freehold Workers’ Compensation Court will move to the following address:
2 Paragon Way
Freehold, NJ 07728
The telephone number will remain the same.
Our Freehold Court will be closed on Thursday March 20th through Monday March 24, 2008 to facilitate the move. Court will resume in Tuesday, March 25, 2008 at the new location.......download. NOTICE TO BAR.
February 5, 2008: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone...re: Second Injury Fund Cases
In 2007, 1,838 second injury fund cases were closed. This number was well above the average for previous years of 1,292 closures. Further, open Second Injury Fund petitions were reduced from 4,597 in January 2007 to 4,102 in January 2008... read full memo.
January 2, 2008: NOTICE TO JUDGES AND ATTORNEYS
Memo from Director/Chief Judge Calderone..re: OSCAR Computer Programs
As presented at the Bench-Bar Conference, the OSCAR computer program discs for calculating, among other things, awards, commutations and penalties will be available for attorney distribution on or about January 14, 2008... read full memo.
The Supreme Court and Appellate Court decisions maintained on this website are published opinions categorized by the major points of law outlined in the Workers’ Compensation Research Manual.
Within each category, the cases are listed by type of decision (Supreme Court and Appellate Division) and by decision date. Please click on the categories below to view the cases.
NJ Superior Court – Appellate Division
Joseph Peck, Jr. v. Newark Morning Ledger Company
- 344 N.J. Super. 169 (App. Div. 2001)
- Decided October 5, 2001
- The appellate court affirmed the worker's compensation judge's finding that the respondent's attempted waiver of New Jersey Workers' Compensation Act coverage was invalid because the notice was unclear and the petitioner did not understand its meaning. The appellate court further agreed that such an election could not eliminate only occupational disease and that an election to waive coverage under the act had to occur prior to occupational exposure.
NJ Superior Court – Appellate Division
Estate of Kotsovska v. Liebman
- 433 N.J. Super. 537 (App. Div. 2013)
- Decided December 26, 2013
- Defendant appealed final judgment and jury verdict in favor of plaintiff in wrongful death action, contending decedent was his employee and thus the Workers' Compensation Act's exclusivity bar (N.J.S.A. 34:15-8) prohibited the estate from maintaining this action in civil court. The Appellate Division reversed the judgment of liability because the jury was improperly instructed on the question of employment relationship and remanded the matter to the Division of Workers’ Compensation for its determination of whether decedent was defendant's employee or an independent contractor. The Division of Workers’ Compensation was also directed to afterward transfer the case back to the civil court so it could either reinstate judgment in favor of the estate or dismiss the matter based on the Division's determination.
Richard Auletta v. Bergen Center for Child Development
- 338 N.J. Super. 464 (App. Div. 2001) cert. denied, 169 N.J. 611 (2001)
- Decided March 30, 2001
- The Appellate Division reversed the workers' compensation judge who concluded that petitioner, a part-time psychologist injured in a student-staff football game, was an independent contractor and not an employee of respondent. The appellate court considered that the football game was part of the employment activity at respondent and determined that petitioner's duties were an integral part of respondent's program and that petitioner was economically dependent on this employment.
NJ Supreme Court
Goulding v. NJ Friendship House, Inc.
- 245 N.J. 157 (2021)
- The New Jersey Supreme Court reversed the judgment of the Appellate Division and remanded this claim to the Workers’ Compensation court after concluding the petitioner’s injuries were compensable even though she was injured while volunteering at an employer sponsored event. Petitioner met the two-prong test for an exception to the “social or recreational event rule” that bars compensability under N.J.S.A. 34:15-7 because her activity: (1) was a regular incident of her employment; and (2) produced a benefit to the employer beyond improving employee health and morale. Here, her role at the event as a cook was the same as her role as an employee and, “but for” her employment, she would not have been asked to volunteer and would not have been injured while generating client goodwill for her employer
Sager v. O.A. Peterson Constr.
- 182 N.J. 156 (2004)
- Decided December 21, 2004
- On 9-11-2001, the petitioner was working at a Long Island construction site for his New Jersey employer when he and his coworkers were blocked from returning home to New Jersey after a terrorist attack on the World Trade Center led to widespread bridge and tunnel closings. At the direction of their supervisor, the workers left the worksite for an early dinner with the understanding that they were to return after dinner for overtime work. While returning from dinner, the petitioner was severely injured in an automobile accident. After a trial that included hearing the testimony of the supervisor, the Judge of Compensation found the petitioner’s accident compensable, but the Appellate Division reversed this finding by concluding that the petitioner was not required by the supervisor to leave the worksite for dinner. However, the New Jersey Supreme Court later reversed the Appellate Division and held that the petitioner’s accident was indeed compensable because there was sufficient credible evidence to support the trial judge’s finding that the petitioner was acting under the direction of his employer when the accident occurred.
- 177 N.J. 470 (2003)
- Decided August 13, 2003
- The Supreme Court upheld the decision of the workers’ compensation judge that a municipal employee who was injured after leaving the post office to retrieve his personal mail was not entitled to workers’ compensation benefits. In construing the minor deviation rule, the Court generally restricted coverage in situations where the employee’s activity was a personal errand rather than a job responsibility.
NJ Superior Court – Appellate Division
Cooper v. Barnickel Ent., Inc.
- 411 N.J. Super. 343 (App. Div. 2010)
- Decided January 13, 2010
- Petitioner was injured while driving his employer’s truck when he went on a short trip from his union hall to a nearby delicatessen to get coffee. The compensation judge found petitioner’s injuries compensable under N.J.S.A.34:15-7 because they arose out of and in the course of employment. The Appellate Division affirmed, finding this accident compensable where the petitioner was an “off-premises employee” making a “minor deviation” from employment during a coffee break (i.e., rather than leaving work to go on a purely “personal errand”).
Cooper v. Barnickel Enterprises, Inc. (Original Reserved Decision)
- 03-7300 decided October 20, 2008 by the Honorable Bradley W. Henson, Sr., J.W.C.
- Respondent motioned the Court to reconsider its decision in light of subsequent case law. The Court granted the motion and re-examined the correctness of applying the “minor deviation” rule and, alternatively, the definition of “employment” stated in N.J.S.A. 34:15-36 when it found the petitioner’s accident (while taking a ride to get coffee) was compensable. After fully reassessing its original decision applying these doctrines, the Court again concluded that the petitioner’s accident was compensable.
Sexton v. County of Cumberland
- 404 N.J. Super. 542 (App. Div. 2009)
- Decided January 9, 2009
- Petitioner alleged that her pre-existing respiratory illness (COPD) was aggravated by a co-worker spraying perfume into the air of the workplace. The workers’ compensation judge found that such aggravation was not compensable because it did not arise out of the employment but instead arose out of a personal proclivity of the petitioner. The Appellate Division reversed his conclusion, finding that such an aggravation was compensable under N.J.S.A.34:15-7 because it did arise out of this employment.
- 374 J. Super. 223 (App. Div. 2005)
- Decided January 12, 2005
- The workers’ compensation judge found petitioner’s forklift injury non-compensable, holding that petitioner’s activities at the time of the accident did not arise out of and in the course of his employment. The Appellate Division reversed, finding that under the circumstances of the case, which included supervisor acquiescence and involvement in the forklift incident, the petitioner was entitled to workers’ compensation benefits.
- 364 J. Super. 333 (App. Div. 2003)
- Decided November 26, 2003
- The Appellate Division reversed the decision of the workers’ compensation judge and held that the post-traumatic stress syndrome the petitioner developed after hearing about the death of her co-employees and passengers aboard Flight 93 on September 11, 2001 was not compensable under N.J.S.A. 34:15-36. Although the court agreed with the petitioner that her condition “arose out of employment”, it was compelled to disagree with her and hold that her condition did not arise “in the course of employment” because the petitioner was not working at the time the plane crashed. Remanded for dismissal of the claim.
NJ Supreme Court
- 217 N.J. 236 (2014)
- Decided April 1, 2014
- The New Jersey Supreme Court reversed the decisions of the Appellate Division and the Division of Workers’ Compensation in concluding that, for purposes of J.S.A. 34:15-36, where an employer did not own or control the garage where petitioner parked, did not control the public street on which she walked when injured, did not dictate the path she took to walk to work, and did not expose her to any special or additional hazards, her injuries are not compensable.
NJ Superior Court – Appellate Division
- _____ N.J. Super. _____ (App. Div. 2021)
- Reversing the decision of the Workers’ Compensation Judge, the Appellate Division held that the degree of control an employer exercises over an employee’s use of a parking lot is a critical factor to consider when applying the premises rule. Here, because the petitioner was off-the-clock at the time of her accident, was never given instruction about where to park, and was not instructed as to the manner of ingress or egress, her injuries were found to be not compensable even though her employer happened to own the parking lot where she was injured.
Scott v. Foodarama Supermarkets
- 398 N.J. Super. 441 (App. Div. 2008)
- Decided February 27, 2008
- Reversing the decision of the workers’ compensation judge, the Appellate Division held that the “travel-time” exception to the going-and-coming rule does not apply where a salaried employee is reimbursed for gas, tolls, and wear and tear on his vehicle, but is not paid wages for the time of his commute to and from work
Acikgoz v. New Jersey Turnpike Auth.
- 398 J. Super. 79 (App. Div. 2008)
- Decided January 23, 2008
- The Appellate Division affirmed the decision of the workers’ compensation judge who found that the petitioner was not in the course of employment at the time of a car accident which occurred after he left the Turnpike Authority’s premises and employee parking lot, was traveling on one of several roads available for ingress and egress, and already had started on his normal commute home.
NJ Supreme Court
- 187 N.J. 567 (2006)
- Decided July 19, 2006
- The New Jersey Supreme Court affirmed the decision of the Appellate Division and the workers’ compensation judge and held that an employer can establish the statutory defense of intoxication under J.S.A. 34:15-7 only if it can prove by a preponderance of the evidence that the employee’s work-related injuries were caused solely by his or her intoxication.
Lozano v. Frank DeLuca Construction
- 178 N.J. 513 (2004)
- Decided March 10, 2004
- The New Jersey Supreme Court reversed the decision of the Appellate Division and the workers’ compensation judge and held that, when an employer compels an employee to participate in an activity that ordinarily would be considered recreational or social in nature, the employer renders that activity a work-related task as a matter of law. Such compulsion also makes inapplicable the two-prong test (set forth in J.S.A. 34:15-7) for determining whether injuries from a recreational or social activity are compensable. The Supreme Court remanded the case to the Division of Workers’ Compensation for further determinations on whether the employee had an objectively reasonable basis in fact for believing that his employer ordered or compelled him to drive a go-cart that crashed, resulting in petitioner’s severe injuries.
NJ Supreme Court
- 218 N.J. 435 (2014)
- Decided July 30, 2014
- Cathleen Renner created and executed contingency plans for AT&T under a telecommuting agreement that allowed her to work several days at home. Her job involved making and receiving numerous calls and e-mails under conditions driven by deadlines and often necessitating long working hours. Ms. Renner died of a pulmonary embolism after working for long hours on a particular project. While the petitioner’s medical expert opined that sedentary work for long hours was the precipitant of this pulmonary embolism, the respondent’s medical expert concluded that it was impossible to state, within a reasonable degree of medical probability, that it was work effort rather than other risk factors which actually caused Ms. Renner’s death. Both a judge of compensation and the Appellate Division rendered decisions in favor of awarding workers’ compensation dependency benefits pursuant to N.J.S.A. 34:15-7.2. However, the New Jersey Supreme Court reversed and held that Ms. Renner’s death was not compensable because there was a failure to show that the extended sitting she did here constituted the kind of “work effort or strain involving a substantial condition, event or happening” required to support a cardiovascular claim under the statute.
Lindquist v. City of Jersey City Fire Department
- 175 N.J. 244 (2003)
- Decided February 11, 2003
- The New Jersey Supreme Court, in reversing the Appellate Division and reinstating the decision and award of the workers' compensation judge, established standards for the admissibility and reliability of medical evidence, expanded the statutory presumption of work disability in J.S.A. 34:15-43.2 to paid firefighters and outlined the legal standards for establishing an occupational disability.
NJ Superior Court – Appellate Division
- 406 N.J. Super. 558 (App. Div. 2009)
- Decided April 23, 2009
- In December 2001, the petitioner injured her cervical spine working for Wawa. AIG, Wawa’s carrier at the time, paid compensation benefits for that injury. (Note: In January 2002 Wawa became self-insured for compensation claims.) In August 2007, petitioner was found to need cervical surgery and filed a motion for temporary and medical benefits alleging occupational exposure starting in November 2003. She also requested an order to have either AIG or Wawa pay compensation benefits until liability for the occupational exposure was determined. The compensation judge granted her request and ordered AIG to pay benefits without prejudice, subject to reimbursement should Wawa later be deemed liable. Subsequently, the judge deemed Wawa liable by finding that the 2003-2007 occupational exposure aggravated the 2001 injury. Accordingly, he ordered that Wawa reimburse AIG for its expenditures relating to the 2007 exposure claim. The Appellate Division affirmed the compensation judge’s decision.
Schorpp-Replogle v. NJ Manufacturers Ins. Co.
- 395 N.J. Super. 277 (App. Div. 2007)
- Decided July 30, 2007
- The Appellate Division affirmed the decision of the workers’ compensation
judge and held that tinnitus qualifies as a compensable disability under N.J.S.A. 34:15-36 where the condition: (1) is due in a material degree to exposure to harmful noise at the workplace; (2) materially impairs the employee’s working ability or is otherwise serious in extent; and (3) is corroborated by objective medical testing.
Frank Capano v. Bound Brook Relief Fire Co. #4
- 356 N.J. Super. 87 (App. Div. 2002)
- Decided December 17, 2002
- The Appellate Division affirmed the decision of the workers' compensation judge that petitioner, a volunteer firefighter age 93 at the time of the accident at issue, was entitled to temporary and permanent disability benefits. Specifically, respondent's argument that petitioner's disabilities were attributed to his age rather than the firehouse accident was rejected.
Michael Levas v. Midway Sheet Metal, et
- 337 N.J. Super. 341 (App. Div. 2001)
- Decided February 23, 2001
- The Appellate Division reversed and remanded the workers' compensation judge's decision which found that petitioner, in an occupational case involving multiple employers, was totally and permanently disabled and that each of the petitioner's liable employers was to pay an equal amount. The Appellate Division rejected an equal payment process and outlined the procedure for measuring liability in cases of multiple employment. The appellate court determined that there was a series of exacerbations and aggravations in petitioner's disease by various employment until petitioner finally became totally disabled.
No cases in this category
NJ Superior Court – Appellate Division
Gorman v. Waters & Bugbee, Inc.
- 374 N.J. Super. 513 (App. Div. 2005)
- Decided February 2, 2005
- The Appellate Division affirmed the decision of the workers’ compensation judge to deny the employer the benefit of a reduced contribution to the petitioner attorney’s fee award because the employer’s voluntary tender of disability benefits was untimely when it occurred slightly beyond the twenty-six week period allowed by statute. In reviewing the statutory history of J.S.A. 34:15-64 and viewing that statute in pari materia with N.J.S.A. 34:15-16, the Appellate Division concluded that when the NJ Legislature amended this statute in 1979 it intended to create a “bright line” timeframe and set a clear and certain deadline an employer must meet to reduce its contribution to an attorney fee award by invoking the “26-week rule”.
Calalpa v. Dae Ryung Co., Inc.
- 357 N.J. Super. 220 (App. Div. 2003)
- Decided January 31, 2003
- The Appellate Division held that where an individual settles an intentional tort suit against an employer, the workers' compensation carrier is entitled to assert its J.S.A. 34:15-40 lien with respect to the settlement amount. Specifically, the court found that the tort litigation is equivalent to a third party action and that without the lien the petitioner might receive a double recovery for the injuries.
Rickie Simpkins v. Adolfo Saiani
- 356 N.J. Super. 26 (App. Div. 2002)
- Decided December 11, 2002
- In reviewing the term "net proceeds" in N.J.S.A. 2A:17-56.23b concerning child support liens, the Appellate Division found that the first $2,000.00 of recovery by an individual after allowances and litigation expenses is not subject to the statutory automatic lien provisions of this statute. A child support lien would thus not apply to the first $2,000.00 of the net proceeds from a settlement.
NJ Superior Court – Appellate Division
Rosales v. State of New Jersey
- 373 N.J. Super. 29 (App. Div. 2004), certif. denied, 182 N.J. 630 (2005)
- Decided November 8, 2004
- This Appellate Division case addresses the issue of whether Workers' Compensation benefits should be offset by an ordinary disability retirement based upon the same disability. The Appellate Division affirmed the Judge of Compensation in holding that his findings of total disability were well-supported by the record. However, the Appellate Division reversed the judge in holding that he erred in concluding that the petitioner’s workers’ compensation benefits need not be offset by the petitioner’s ordinary disability retirement benefits.
NJ Supreme Court
Cruz v. Central Jersey Landscaping, Inc.
- 195 N.J. 33 (2007)
- Decided June 9, 2008
- The New Jersey Supreme court, in reversing the Appellate Division, held that the 2004 amendment to J.S.A. 34:15-13 which sets dependency benefits at a uniform 70% of the decedent’s wages for one or more dependents is to be applied prospectively to cover only those claims where the worker’s death was on or after January 14, 2004.
Kibble v. Weeks Dredging & Construction Co.
- 161 N.J. 178 (1999)
- Decided March 30, 2000
- The Supreme Court reversed and remanded the decision of the Appellate Division and found that acceptance of a Section 20 (J.S.A. 35:15-20) settlement by petitioner alone does not bar dependents from filing a claim after the death of the petitioner. The Court determined that a dependent must knowingly, intelligently and voluntarily waive his or her right to future dependency claim at the time the Section 20 settlement is entered for such a waiver to be effective.
NJ Superior Court – Appellate Division
Harrison v. A & J Friedman Supply Co.
- 372 N.J. Super. 326 (App. Div. 2004)
- Decided October 12, 2004
- The Appellate Division reversed the decision of the workers’ compensation judge to summarily deny a commutation of dependency benefits the petitioner was receiving as a result of her husband’s work-related death in 1992. The Appellate Division held that the absolute bar created by N.J.A.C. 12:235-6.3(d) against commutations in particular cases is invalid since N.J.S.A. 34:15-25 allows a judge the discretion to grant commutations of compensation payments in appropriate circumstances, without completely barring such awards in dependency situations. Remanded for hearings on the application for commutation.
NJ Supreme Court
In the Matter of Charles D. Scott
- 162 N.J. 571 (2000)
- Decided April 27, 1999
- The Supreme Court affirmed the Appellate Division's reversal of the final administrative decision of the Department of Labor and Workforce Development, Board of Review, denying temporary disability benefits under the Temporary Disability Benefits Law which applies to non-work related disabilities, based on an employee's full-time employment. In reversing, the court held that an employee who is injured on a part-time job covered by workers' compensation is not necessarily disqualified from receiving benefits under the Temporary Disability Benefits Law especially when the workers' compensation benefits received are substantially less than what the worker would have received had the accident occurred on the full-time job. The court did not address the issue of set-offs between the workers' compensation benefits and the Title 43 temporary disability benefits and remanded the case for administrative review.
- 156 N.J. 466 (1998)
- Decided December 11, 1998
- The Supreme Court affirmed the Appellate Division's denial of temporary disability benefits pursuant to J.S.A. §43:21-30, which applies to non-work related disabilities. The court held that an individual who settles a workers' compensation claim and receives a lump sum settlement pursuant to N.J.S.A. §34:15-20, acknowledges that the injury is work related under the workers' compensation act. Therefore, the individual may not obtain temporary disability benefits under N.J.S.A. §43:21-30 for the same injury.
NJ Superior Court – Appellate Division
- 413 N.J. Super. 492 (App. Div. 2010)
- Decided May 28, 2010
- The Appellate Division held that a workers’ compensation judge must award a reasonable counsel fee, in addition to a 25% penalty, when a petitioner is forced to resort to J.S.A. 34:15-28.1 to obtain temporary disability benefits after unreasonable delay or refusal by an employer or its carrier to pay such benefits. This “reasonable” counsel fee is not bound by the 20% limitation imposed by N.J.S.A. 34:15-64 as there is no such limitation required by the express language of section 28.1 and the intent of this statute was to make counsel fees, in the context of penalty proceedings, dependent upon the actual costs in petitioner legal fees which were incurred due to improper withholding of benefits.
Cunningham v. Atlantic States Cast Iron Pipe Co.
- 386 N.J. Super. 423 (App. Div. 2006)
- Decided June 26, 2006
- After petitioner was terminated from his job with respondent for cause, a doctor advised petitioner that he needed treatment due to an injury he suffered on the job before his termination. The judge of compensation found petitioner eligible for temporary total disability benefits. However, the Appellate Division reversed the compensation judge’s decision and remanded the case. The appellate court held that, in order to receive temporary disability benefits, the petitioner must establish on remand that “but for” his work-related disability he would have been employed.
- 383 N.J. Super. 250 (App. Div. 2006)
- Decided February 17, 2006
- The Appellate Division affirmed the decision of the workers’ compensation judge and held that petitioner’s widow was entitled to receive the full amount of compensation benefits petitioner would have received had he not been receiving Social Security disability benefits before he died at age fifty-four. Since petitioner’s Social Security disability benefits were terminated when he died, the basis for respondent’s receiving an offset under J.S.A. 34:15-95.5 was thereby ended, making respondent responsible for paying petitioner’s widow the full measure of workers’ compensation benefits from the date of petitioner’s death to the end of the designated period.
Tobin v. All Shore All Star Gymnastics
- 378 N.J. Super. 495 (App. Div. 2005)
- Decided June 24, 2005
- The Appellate Division affirmed the decision of the workers’ compensation judge and held that petitioner, who doubled as owner and chief instructor at respondent gymnastics school, was entitled to receive total temporary disability benefits for the period of time after she became able to resume her duties as an unsalaried owner but remained unable to perform the more physically demanding job duties of salaried chief instructor.
NJ Superior Court – Appellate Division
- 477 N.J. Super. 61 (App. Div. 2016)
- Decided August 24, 2016
- In consolidated appeals of work-related motor vehicle accident claims, petitioners argued for extinguishment of the medical portion of workers' compensation carriers’ liens as provided in N.J.S.A. 34:15-40 (Section 40). Petitioners argued that, since N.J.S.A. 39:6A-12 of the PIP statutes bars evidence in an action against a third-party tortfeasor of amounts “collectible or paid” under PIP coverage, the normal lien provisions of the Workers’ Compensation Act (i.e., Section 40) do not apply here. However, the Appellate Division disagreed and held that the right of the injured worker to pursue claims against the third-party tortfeasor, as well as the right of the workers' compensation insurer to be reimbursed, are governed by the Workers’ Compensation Act and not the PIP (AICRA) statutes in such cases. Accordingly, the injured worker may recover medical expenses from the third-party tortfeasor and N.J.S.A. 39:6A-12 does not apply. The workers' compensation insurer, in turn, has a right to be reimbursed for the appropriate portion of the medical expenses it has already paid under N.J.S.A. 34:15-40.
- 446 N.J. Super. 413 (App. Div. 2016)
- Decided June 22, 2016
- In a work-related automobile accident case, petitioner appealed an order of the trial court denying her motion to declare the medical benefits portion of carrier’s N.J.S.A. 34:15-40 lien unenforceable. In her appeal she argued that, because those medical benefits that could have been paid through the PIP provisions of her automobile liability policy were not recoverable from the tortfeasor, the workers’ compensation carrier’s Section 40 lien for repayment of such medical costs should be denied. In opposition, the workers’ compensation carrier argued that it was entitled to a Section 40 reimbursement from any recovery paid to the petitioner from a third-party recovery against the tortfeasor. The Appellate Division agreed with the carrier and affirmed the decision below.
- 383 N.J. Super. 69 (App. Div. 2006)
- Respondent/employer, which had entered into an earlier settlement which included its responsibility for a compensable cardiological condition, appealed the compensation judge’s order that it pay for petitioner’s Lipitor which was prescribed to lower petitioner’s high cholesterol. After taking notice of a recent release of the FDA announcing Lipitor as newly approved for treating cardiovascular conditions, the Appellate Division remanded the case for a determination on the: (1) relationship between petitioner’s high cholesterol condition and his work related compensable heart condition; and (2) use of Lipitor to treat the compensable heart condition.
NJ Superior Court – Appellate Division
Gross v. Borough of Neptune City
- 378 N.J. Super. 155 (App. Div. 2005)
- Decided June 10, 2005
- The Appellate Division affirmed the decision of the workers’ compensation judge and held that, pursuant to J.A.C. 12:235-3.9, surveillance videotapes of a petitioner will not be admissible as evidence unless the party offering such evidence has, prior to trial, given notice of its intent to present such evidence. Without such pre-trial disclosure, surveillance videotapes will be deemed inadmissible unless the employer can show it was unaware, and could not have been aware, of the facts warranting surveillance prior to trial.
Maria Prata v. Banner Pharmacaps, Inc.
- 355 N.J. Super. 155 (App. Div. 2002)
- Decided November 19, 2002
- The Appellate Division, in reversing the decision of the workers' compensation judge, reaffirmed the requirements of the Perez and Allen decisions that petitioner must establish his or her case with current objective medical evidence of permanent impairment.
Pauline Feltman v. Transistor Devices, Inc.
- 355 N.J. Super. 36 (App. Div. 2002)
- Decided November 12, 2002
- The Appellate Division affirmed the judge of compensation's decision that petitioner's dependency claim failed to establish that her husband's death from a heart attack met the requirements of NJSA 34:15-7.2. The court provides an extensive analysis of the statutory requirements and needed proofs a claimant must present in cardiovascular cases.
NJ Supreme Court
Estate of Kotsovska v. Liebman
- 221 N.J. 568 (2015)
- Decided June 11, 2015
- The New Jersey Supreme Court reversed the decision of the Appellate Division after concluding that the claims of workers injured on the job need not always be heard in the Division of Workers' Compensation. The Supreme Court held that where there is a genuine dispute regarding employment status and the plaintiff files a complaint only in the NJ Superior Court Law Division, the Superior Court can hear the case as a tort matter and resolve the dispute under its concurrent jurisdiction.
- 211 N.J. 276 (2012)
- Decided August 1, 2012
- The New Jersey Supreme Court affirmed the decisions of the Appellate Division and Superior Court in holding that an injured employee does not have a common-law right to sue a workers' compensation insurance carrier for pain and suffering caused by a carrier's delay in paying for or authorizing medical treatment, prescriptions and other services. The remedies provided by the Workers' Compensation Act constitute the exclusive remedy available to deal with noncompliance by a carrier with an order of the compensation court awarding such benefits.
Van Dunk v. Reckson Associates Realty Corp
- 210 N.J. 449 (2012)
- Decided June 26, 2012
- Applying the two-step analysis set forth in Millison v. E.I. du Pont de Nemours & Co., 101 J. 161 (1985), the New Jersey Supreme Court concluded that the plaintiff failed to prove his employer's conduct rose to the level of an intentional wrong creating a substantial certainty of bodily injury or death. Accordingly, the Court reversed the judgment of the Appellate Division and found that the statutory bar against common-law torts (N.J.S.A. 34:15-8) applied to preclude this civil action.
Morella v. Grand Union/New Jersey Self-Insures Guaranty Association
- 193 N.J. 350 (2008)
- Decided January 30, 2008
- The New Jersey Self-Insurers Guaranty Association argued that: (1) the Division of Workers’ Compensation did not have jurisdiction to decide whether the Association improperly denied payment of petitioner’s compensation benefits under J.S.A. 34:15-120.18a; and (2) the petitioner, whose injury occurred before her self-insured employer’s insolvency, was required to file a proof of claim in her employer’s bankruptcy proceeding before she qualified for workers’ compensation benefits under N.J.S.A. 34:15-120.18a. However, the Appellate Division disagreed, concluding that: (1) the Division clearly has jurisdiction to decide this issue under N.J.S.A. 34:15-49; and (2) the statutory requirement of filing such proof of claim applies only to claimants injured after the employer’s insolvency and does not apply to claimants injured before the insolvency occurred. The New Jersey Supreme Court affirmed substantially for the reasons expressed by the Appellate Division.
Crippen v. Central Jersey Concrete Pipe Company
- 176 N.J. 397(2003)
- Decided May 22, 2003
- The Court found that it is a jury question to determine if the employer in this case who deceived OSHA and failed to cure hazardous conditions in violation of OSHA standards could be sued by the dependents of a worker killed on the job in the Superior Court for intentional injury. The two prong test for overcoming the workers’ compensation bar to a civil suit was first, whether the employer’s conduct was such that the employer knew that its actions were substantially certain to cause injury or death and second, whether the injury situation was beyond that expected in a work environment that would immunize an employer from an intentional tort action.
Tomeo v. Thomas Whitesell Construction Company
- 176 N.J. 366 (2003)
- Decided May 22, 2003
- The Court found that an employer’s deactivation of a safety lever on a snow blower was not an intentional wrong which would allow an employee who assisted in snow removal to file a Superior Court action. Since the snow blower was a consumer product rather than industrial equipment and had warnings which the injured worker did not follow, the Court found that workers’ compensation was the exclusive remedy for the injuries. Justices Albin and Zazzali dissented.
Mull v. Zeta Consumer Products
- 176 N.J. 385 (2003)
- Decided May 22, 2003
- The Court allowed the employee in this case to continue her Superior Court action for intentional injury where she alleged that the employer disengaged a safety device knowing of its dangerous consequences, that OSHA had cited the employer for the equipment and that another employee had previously been injured.
Williams v. Port Authority of NY and NJ
- 175 N.J. 82 (2003)
- Decided January 14, 2003
- The Supreme Court, in reversing the decision of the Appellate Division and the workers' compensation judge, found that petitioner's four (4) months of employment in New Jersey during his 28 year career with the Port Authority was insufficient to satisfy the injury requirement for the exercise of jurisdiction by the New Jersey workers' compensation court in an occupational disease claim. In reviewing the facts of the case, the court specifically recognized that petitioner's brief exposure in New Jersey cannot be said to materially contribute to his pulmonary disability which was diagnosed 20 years after his New Jersey exposure had ended such that any disability petitioner suffered in New Jersey was minor and not compensable. A separate dissenting opinion was also filed.
Laidlow v. Hariton Machinery Company, Inc.
- 170 N.J. 602 (2002)
- Decided February 25, 2002
- The Supreme Court reversed the decision of the Appellate Division and remanded the case to the trial court to determine if the plaintiff met the Court's standards for establishing an intentional tort.
NJ Superior Court – Appellate Division
Estate of Kotsovska v. Liebman
- 433 N.J. Super. 537 (App. Div. 2013)
- Decided December 26, 2013
- Defendant appealed final judgment and jury verdict in favor of plaintiff in wrongful death action, contending decedent was his employee and thus the Workers' Compensation Act's exclusivity bar (J.S.A. 34:15-8) prohibited the estate from maintaining this action in civil court. The Appellate Division reversed the judgment of liability because the jury was improperly instructed on the question of employment relationship and remanded the matter to the Division of Workers’ Compensation for its determination of whether decedent was defendant's employee or an independent contractor. The Division of Workers’ Compensation was also directed to afterward transfer the case back to the civil court so it could either reinstate judgment in favor of the estate or dismiss the matter based on the Division's determination.
Sentinel Insurance Company, LTD. v. Earthworks Landscape Construction, L.L.C.
- 421 N.J. Super. 480 (App. Div. 2011)
- Decided August 16, 2011
- The Appellate Division reviewed and clarified the Williams – Sherwood ancillary jurisdiction doctrine (discussed in Larson’s treatise) as it applies to the question of whether the NJ Division of Workers’ Compensation can exercise concurrent jurisdiction over a carrier’s motion for a declaratory judgment seeking rescission on the basis of a fraud alleged to have been committed by the petitioner in his role as a member of the respondent L.L.C. The appellate panel decided that the Division is an appropriate forum for litigation of this fraud defense along with hearing the underlying compensation claim and upheld the Law Division order transferring the case to the Division for such proceedings.
- 418 N.J. Super. 79 (App. Div. 2011)
- Decided February 1, 2011
- After exhausting administrative remedies in the compensation court, the petitioner filed a complaint in the Superior Court seeking damages for a carrier’s willful noncompliance with an order of the workers’ compensation court. The Law Division judge, however, dismissed that complaint for failure to state a claim upon which relief can be granted. Afterward, the Appellate Division affirmed, holding that the remedies currently contained in the Workers’ Compensation Act and related Division regulations constitute the exclusive remedy available to an aggrieved petitioner arising out of willful noncompliance by an employer or its insurer with an order of the compensation court.
- Click here for the Supreme Court decision
International Schools Services, Inc. v. NJ Dept. of Labor & Workforce Dev.
- 408 N.J. Super. 198 (App. Div. 2009)
- Decided July 10, 2009
- The Appellate Division reversed and remanded the declaratory judgment of the Superior Court judge who held that the petitioner must obtain workers’ compensation insurance coverage for its overseas employees despite the fact that they work entirely overseas and never work in New Jersey. The Appellate court directed the trial court to expand the factual record and apply a Connolly/Larson analysis to determine whether the overseas employees had sufficient contacts with New Jersey to justify application of New Jersey’s workers’ compensation coverage laws.
Frappier v. Eastern Logistics, Inc.
- 400 N.J. Super. 410 (App. Div. 2008)
- Decided May 30, 2008
- The Appellate Division reversed the decision of the workers’ compensation judge and held that it is improper for a court to issue an interlocutory order estopping a carrier from denying insurance coverage without first addressing: (1) the validity of the carrier’s claim that it actually did reserve its right to disclaim coverage when it filed an answer that raised defenses against the claim petition; and/or (2) whether the petitioner was an employee of respondent (i.e., the carrier’s client).
Flick v. PMA Ins. Co. and Kathleen Reed, Ind.
- 394 N.J. Super. 605 (App. Div. 2007)
- Decided July 17, 2007
- The Appellate Division affirmed the decision of the Superior Court judge and held that the plaintiff, who alleged that the mechanisms available in the Division of Workers’ Compensation for enforcing its orders are inadequate, was barred by N.J.S.A. 34:15-8 from pursuing a civil action against the defendants until after he exhausted the panoply of administrative remedies available to him in the Division.
Kibler v. Roxbury Bd. of Educ.
- 392 N.J. Super. 45 (App. Div. 2007)
- Decided April 11, 2007
- The Appellate Division affirmed the decision of the Superior Court trial judge and held that the plaintiff, who was injured at work as a result of an altercation between two students, was barred from pursuing a civil action for damages as to these defendants. The appellate court held that the facts alleged in the plaintiff’s complaint failed to raise any genuine issue of material fact as to whether her injuries came within the purview of conditions the New Jersey Legislature intended to exempt from the exclusive remedy provisions of Workers’ Compensation Act. Accordingly, the plaintiff’s exclusive remedy was held to remain with the Division of Workers’ Compensation for her work-related accident.
Fisher v. Sears, Roebuck & Co.
- 363 N.J. Super. 457 (App. Div. 2003)
- Decided October 27, 2003
- The Appellate Division affirmed the dismissal of a wrongful death action brought by the estate of a Sears employee killed by armed robbers while transferring money in the parking lot of a Sears complex, holding that such action was barred by the exclusive remedy provision of J.S.A. 34:15-8. The court also found that this case did not fall under the “intentional wrong” exception to the exclusive remedy rule because Sears’ conduct in violation of its own security procedures did not amount to an “intentional wrong” when Sears was not substantially certain its conduct would cause the accident and when the decedent’s injury did not differ from the kind of work-related injury the workers’ compensation statute was intended to cover.
George Adams v. The New York Giants
- 362 N.J. Super. 101 (App. Div. 2003)
- Decided July 3, 2003
- In reviewing the jurisdictional time requirements for filing a workers’ compensation claim and the Supreme Court’s decision in Brunell v. Wildwood Crest Police Dept., 176 N.J. 225 (2003), the Appellate Division affirmed the workers’ compensation judge’s finding that petitioner’s injuries while a professional football player were the result of a specific accident. Specifically, the court held that while petitioner did not appreciate the severity of his injuries following a 1986 Giants training camp incident, the 1996 filing for workers’ compensation was not timely.
- 360 N.J. Super. 324 (App. Div. 2003)
- Decided May 23, 2003
- The appellate court affirmed the decision of the workers’ compensation judge that petitioner’s application to reopen his case was time barred since his request was more than two years from the date the last payment on the award was delivered to his residence. Petitioner’s claim that the time limit extended to the date he cashed the check was denied.
No recent cases in this category
NJ Supreme Court
- 197 N.J. 36 (2008)
- Decided December 17, 2008
- The NJ Supreme Court affirmed the Appellate Division in holding that there is no legally effective policy cancellation where a carrier fails to prove that it strictly complied with all of the requirements for cancelling a workers’ compensation insurance policy. The NJ Legislature established clear and unambiguous requirements in the cancellation statute, which include the requirement that a carrier file with the Compensation Rating and Inspection Bureau the certified statement required in N.J.S.A. 34:15-81(b). However, the Court also held that only parties that have raised this particular filing issue can be granted relief from improper cancellations - past cancellations that were never challenged on this ground will stand because the policyholders waived their right to challenge them.
NJ Superior Court – Appellate Division
Jorge Calderon v. Erfren Jimenez and Elberth Mora
- 356 N.J. Super. 513 (App. Div. 2003)
- Decided January 14, 2003
- The Appellate Division upheld the determination of the judge of compensation that an insurance carrier was responsible for benefits where it did not properly cancel an insurance policy by certified mail. Even though the employer was an assigned risk and the premium was not paid, the court still considered the policy in effect.
Macysyn v. Joseph Hensler, Jr. and Lawrenceville Harware
- 329 N.J. Super. 476 (App. Div. 2000)
- Decided March 30, 2000
- The Appellate Division affirmed that part of the workers' compensation judge's decision that held the workers' compensation court could determine civil liability for benefits of an officer of an uninsured corporate employer. However, the appellate court reversed personal liability in the case since the individual as corporate secretary was not active in the business to warrant imposition of such liability.
No recent cases in this category
NJ Supreme Court
- 197 N.J. 36 (2008)
- Decided December 17, 2008
- The NJ Supreme Court affirmed the Appellate Division in holding that there is no legally effective policy cancellation where a carrier fails to prove that it strictly complied with all of the requirements for cancelling a workers’ compensation insurance policy. The NJ Legislature established clear and unambiguous requirements in the cancellation statute, which include the requirement that a carrier file with the Compensation Rating and Inspection Bureau the certified statement required in J.S.A. 34:15-81(b). However, the Court also held that only parties that have raised this particular filing issue can be granted relief from improper cancellations - past cancellations that were never challenged on this ground will stand because the policyholders waived their right to challenge them.
Charles Beseler Company v. O’Gorman & Young, Inc. 188 N.J. 542 (2006) and companion case New Jersey Manufacturers Ins. Co. v. Delta Plastics Corp.
- 188 N.J. 582 (2006)
- Decided December 4, 2006
- The New Jersey Supreme Court affirmed the decisions of the Appellate Division and held that insurance carriers for employers will not be relieved of their duty to defend an employer in a common law action filed by an injured employee under the “intentional wrong” exception created in J.S.A. 34:15-8 where exclusions in their standard Workers’ Compensation and Employers Liability Insurance Policy do not expressly exclude coverage for unintended injuries caused by intentional wrongs.
Fitzgerald v. Tom Coddington Stables
- 186 N.J. 21 (2006)
- Decided January 25, 2006
- Reversing the Appellate Division, the New Jersey Supreme Court held that Tom Coddington Stables, rather than the Horse Racing Injury Compensation Board, was responsible for paying workers’ compensation benefits due to the petitioner. The Court held that the petitioner does not fall within the statutory definition of a “horse racing industry employee” and the New Jersey Legislature never intended that the Board provide blanket coverage for every person employed in the horse racing industry.
University of Massachusetts Memorial Medical Ctr., Inc. v. Christodoulou
- 180 N.J. 334 (2004)
- Decided July 13, 2004
- The New Jersey Supreme Court reversed the decision of the Appellate Division and held that settlements made pursuant to J.S.A. 34:15-20 only resolve issues between those who were parties to that agreement. Hence, where a medical provider was not a party to the Section 20 settlement, it is not bound by that agreement and may pursue an action in the Law Division to enforce its contractual rights to payment for the medical services it provided to the petitioner.
NJ Superior Court – Appellate Division
- 435 N.J. Super. 85 (App. Div. 2014)
- Decided March 19, 2014
- Respondent appealed from an order granting temporary disability and medical benefits to petitioner by arguing that the judge of compensation erred in finding: (1) testimony of petitioner and her physicians credible; (2) petitioner was entitled to such benefits; and (3) petitioners statements and omissions did not amount to fraud in violation of J.S.A. 34:15–57.4. The Appellate Division, however, disagreed with respondent and affirmed the decision of the judge of compensation essentially because the respondent failed to prove that the petitioner possessed the state of mind or intent necessary to commit fraud as that offense is defined in N.J.S.A. 34: 15–57.4 where petitioner only omitted/misstated certain information in her statements to doctors when she went to them for evaluation and treatment.
- 433 N.J. Super. 59 (App. Div. 2013)
- Decided October 16, 2013
- The Appellate Division reversed a determination of law made by the workers’ compensation judge and held that where a respondent has paid workers’ compensation benefits it becomes entitled under J.S.A. 34:15-40 to a lien against the petitioner’s third-party proceeds even where that petitioner’s injuries are ultimately deemed to be noncompensable. The appellate court concluded that there is nothing in the workers’ compensation statutes which conditions such reimbursement on whether the benefits paid were actually owed in the first place: Section 40 applies regardless of compensability to prevent double-recoveries and allow recovery of voluntary benefit payments.
Alvarado v. J & J Snack Foods Corp.
- 397 N.J. Super. 418 (App. Div. 2008)
- Decided January 8, 2008
- The Appellate Division reversed and remanded for reconsideration that part of a workers’ compensation judge’s order that set only a $50.00 counsel fee where a tender had been made. In order for a tender to be bona fide and thus not subject to a petitioner attorney counsel fee, the court found that under J.S.A. 34:15-64 (c ) there must be: (1) an unconditional and unqualified offer to pay compensation; (2) express terms that leave no room for misunderstanding; and (3) the offer must be made within a reasonable time after notice of the injury and extent of disability, prior to any hearing and prior to the expiration of the twenty-six week period allowed in statute.
Menichetti v. Palermo Supply Co.
- 396 N.J. Super. 118 (App. Div. 2007)
- Decided October 10, 2007
- The Appellate Division reversed the decision of the workers’ compensation judge and held that, pursuant to J.S.A. 34:15-64(c), an employer is entitled to benefit from a statutory reduction in the attorney’s fee even if it offers to pay compensation benefits before its medical expert examines the petitioner. The employer is entitled to such reduction as long as: (1) its offer was made within a reasonable time prior to any hearing and was stated in clear, specific, unconditional and unqualified terms; and (2) it voluntarily tendered the amount then due to the petitioner within the twenty-six week period allowed by the statute.
Carreon v. Hospitality Linen Services of NJ
- 386 N.J. Super. 504 (App. Div. 2006)
- Decided July 18, 2006
- The Appellate Division reversed the decision of the workers’ compensation judge and held that if an employer/insured enters into a contract that expressly empowers a premium finance company to act as its attorney-in-fact, and subsequently, that premium finance company acts in accord with J.S.A. 17:16D-13 to request that the employer’s workers’ compensation insurance carrier cancel the employer’s policy, then such carrier is not required to send the employer/insured the notice of cancellation required by N.J.S.A. 34:15-81(a) to effect cancellation of the workers’ compensation insurance policy. Under such circumstances, the provisions of N.J.S.A. 17:16D-13 are controlling in regard to the procedural requirements for an effective cancellation of a workers’ compensation insurance policy.
Ongaro v. Country Flooring Enterprises
- 382 N.J. Super. 359 (App. Div. 2006)
- Decided January 17, 2006
- The workers’ compensation judge found that an alleged cancellation of a workers’ compensation insurance policy was not effective because of errors concerning the effective cancellation date in the notice was filed by the carrier with the Compensation Rating and Inspection Bureau. In reversing the workers’ compensation judge’s decision and in holding that there was an effective policy cancellation, the Appellate Division found that the carrier’s errors were merely clerical in nature and the dates provided were still sufficiently prior to the date of the accident at issue such that the cancellation was effective.
Warnig v. Prudential Property & Casualty Ins. Co.
- 363 N.J. Super. 563 (App. Div. 2003)
- Decided October 27, 2003
- The Appellate Division affirmed the decision of the workers’ compensation judge and held that J.S.A. 39:6A-6 does not apply to the Med-Pay portion of an automobile insurance policy. Hence, the insurance carrier that paid Med-Pay benefits as a result of a vehicular accident injuring the petitioner was not entitled to assert a statutory right of reimbursement against the workers’ compensation benefits the petitioner received from the same accident.
Daniel Avila v. Retailers & Manufacturers Distribution
- 355 N.J. Super. 350 (App. Div. 2002)
- Decided November 27, 2002
- The Appellate Division affirmed the judge of compensation's decision not to stay her opinion and order pending appeal since the grant or denial of a stay was within the judge's discretion. The court also upheld the judge's permanent disability award.
Francesca Lombardo v. Revlon, Inc.
- 328 N.J. Super 484 (App. Div. 2000)
- Decided February 25, 2000
- The appellate court reversed the workers' compensation judge who applied N.J.S.A. 34:15-57.4, an act concerning workers' compensation fraud, retroactively to the case and dismissed petitioner's workers' compensation claim. The appellate court determined that all of the evidence relied upon by the workers' compensation judge occurred prior to the effective date of the statute and therefore, the statute was not to be applied under these circumstances.
The Workers’ Compensation Research Manual is a compilation of leading New Jersey Supreme Court and Superior Court Appellate Division cases. The document is comprised of an introduction and sixteen chapters covering the major points of workers' compensation law.
The Workers’ Compensation Research Manual has links to the actual case text within the Lexis-Nexis database. You can only use this feature if you are a subscriber to the Lexis-Nexis service. If you want to view a particular case, simply click on the hyper-linked case name. If you want to view the Shepard’s page for that case, click on the link called “Shepardize”. You may be prompted to enter your Lexis ID/password information. After entering your account information, you will be directed to the case of interest. Consider keeping your Lexis-Nexis session open to avoid having to enter your password information repeatedly each time you wish to look up a case from the Research Manual.
If you want to search for a particular word or a phrase in the document, go to your tool bar located at the top of your screen and click on “Edit” and then scroll down to “Find”. Type in the search term (a specific word or a phrase) in the field and then select the “Find Next” button. You can continue clicking on the “Find Next" button until you have found the text or section of interest. Click “Cancel” to close the box.
The Division of Workers' Compensation holds an annual seminar in each vicinage on or about May 1st for judges and attorneys to attend and receive CLE credits.
This year's seminar will be held on May 1, 2024. For more information, download the flyer. The registration deadline is April 26, 2024.
Information about previous seminars as well as the syllabi from each year are maintained below.
2019: Workers' Compensation Law Day
- Flyer
- Ethics
- Permanent Total Disability
- Law, Practices, and Methods
2015: Fifth Annual Workers' Compensation Seminar
- Flyer
- Complex Order Calculations
- Learned Treatises and Other Medical Proofs
- Avoiding Legal Malpractice
2014: Fourth Annual Workers' Compensation Seminar
2013: Third Annual Workers' Compensation Seminar
- Uninsured Employers Fund
- Med & Temp Trial Procedures
- Respondent's position
- Ethics
2012: Second Annual Workers' Compensation Seminar
2011: Workers' Compensation Centennial Seminar
- Calendar Year 2022
- Calendar Year 2021
- Calendar Year 2020
- Calendar Year 2019
- Calendar Year 2018
- Calendar Year 2017
- Calendar Year 2016
- Calendar Year 2015
- Calendar Year 2014
- Calendar Year 2013
- Calendar Year 2012
- Calendar Year 2011
- Calendar Year 2010
- Calendar Year 2009
- Calendar Year 2008
- Calendar Year 2007
- Calendar Year 2006
- Calendar Year 2005
- Calendar Year 2004
- Calendar Year 2003
- Calendar Year 2002
The Uninsured Employers Fund (UEF) Package includes a 1) checklist of documents to be provided to the Office of Special Compensation Funds in cases to which the Uninsured Employers Fund (UEF) may be associated, 2) sample motion papers, and 3) a copy of the Rules applicable to the UEF.
To access the materials, click here.
Recent amendments to the Workers’ Compensation law require that all insurance carriers and self-insurers designate an individual who can research and respond to issues concerning medical and temporary disability benefits, where no claim petition has been filed or where a claim petition has not been answered.
Task Force on Medical Provider Claims
Counsel Fee Review Committee
Task Force on Workers' Compensation Liens
- October 19, 2004: Workers' Compensation Liens Task Force Report
- January 10, 2005: Medicare Secondary Payer Statute (MSPS) Issues and Information – memorandum issued by Director/Chief Judge Calderone.
- CMS/Medicare ICD-9 Provider Diagnostic Codes
- July 11, 2005: Updated policy memo from Center for Medicare/Medicaid Services
- August 18, 2005: WC Medicare Set-Aside Arrangements - memo from Judge Calderone
- April 25, 2006: Medicare Set-Aside Arrangements–Revision of Review Threshold by CMS
- June 6, 2006: Medicare Conditional Payment Procedures
Task Force on the Uninsured Employer's Fund
Task Force on Medical and Temporary Benefits
Petitioner attorneys may request adjournments with a six-week (two cycle) notice to the court. Respondent attorneys may continue to have one adjournment per list per year, with the same six-week notice to the court.
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Holiday and Recess Schedule - 2025 |
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1-1-25 |
New Year's Day |
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1-20-25 |
Martin Luther King Day |
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2-17-25 |
Presidents Day |
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4-18-25 |
Good Friday |
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5-??-25 |
Judicial Seminar- no hearings scheduled |
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5-??-25 |
Bar Association meeting - no hearings scheduled |
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5-26-25 |
Memorial Day |
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6-20-25 |
Juneteenth |
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7-4-25 |
Independence Day |
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9-1-25 |
Labor Day |
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10-??-25 |
Judicial Seminar- no hearings scheduled |
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10-13-25 |
Columbus Day |
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11-4-25 |
Election Day |
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11-11-25 |
Veterans Day |
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11-27-25 |
Thanksgiving |
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11-28-25 |
Court Recess |
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12-??-25 |
Bench Bar meeting - no hearings scheduled |
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12-25-25 |
Christmas Holiday |
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12-26-25 |
Court Recess |
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12-29-25 |
Court Recess |
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12-30-25 |
Court Recess |
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12-31-25 |
Court Recess |
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Holiday and Recess Schedule - 2026 |
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| 1-1-26 |
New Year's Day |
| 1-19-26 |
Martin Luther King Day |
| 2-16-26 |
Presidents Day |
| 4-3-26 |
Good Friday |
| 5-??-26 |
Judicial Seminar - no hearings scheduled |
| 5-??-26 |
Bar Association meeting - no hearings scheduled |
| 5-25-26 |
Memorial Day |
| 6-19-26 |
Juneteenth |
| 7-3-26 |
Independence Day |
| 9-7-26 |
Labor Day |
| 10-??-26 |
Judicial Seminar- no hearings scheduled |
| 10-12-26 |
Columbus Day |
| 11-3-26 |
Election Day |
| 11-11-26 |
Veterans Day |
| 11-26-26 |
Thanksgiving |
| 11-27-26 |
Court Recess |
| 12-??-26 |
Bench Bar meeting - no hearings scheduled |
| 12-25-26 |
Christmas Holiday |
| 12-28-26 |
Court Recess |
| 12-29-26 |
Court Recess |
| 12-30-26 |
Court Recess |
| 12-31-26 |
Court Recess |
- April 18, 2018: Memo from Director/Chief Judge Wojtenko re: Medicare Conditional Payments
- March 28, 2016: Memo from Director/Chief Judge Wojtenko re: Medicare – Insurer Non-Group Health Plans Recovery (Conditional Payments)
- January 29, 2013: Memo from Director/Chief Judge re: Medicare Smart Act
- October 28, 2010: Memo from Director/Chief Judge Calderone..re: Medicare Release Language
- November 23, 2009: Memo from Director/Chief Judge Calderone..re: Medicare
- September 10, 2009: Memo from Director/Chief Judge Calderone.. re: Medicare Articles
- August 24, 2009: Memo from Director/Chief Judge Calderone... re: Medicare Questions on Court Orders
- April 6, 2009: Memo from Director/Chief Judge Calderone..re: Medicare Eligible Petitioners
- March 4, 2008: Memo from Judge Calderone - MCARE cases
- November 19, 2007: Memo from Director/Chief Judge Calderone...re: Medicare Information
- October 5, 2006: New Medicare Conditional Payment Recovery Contractor
- August 29, 2006: Memo from Judge Calderone – Orders Approving Settlement and Judgments Where Petitioner is a Medicare Beneficiary and CMS Conditional Payment is Pending
- June 6, 2006: Medicare Conditional Payment Procedures
- April 25, 2006: Medicare Set-Aside Arrangements–Revision of Review Threshold by CMS
- August 18, 2005: WC Medicare Set-Aside Arrangements - memo from Judge Calderone
- July 11, 2005: Updated policy memo from Center for Medicare/Medicaid Services
- January 10, 2005: Memo from Director/Chief Judge Calderone - Medicare Secondary Payer Statute (MSPS) Issues and Information
