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PRACTICAL TIPS FOR NEW JERSEY W.C. PRACTICE
Joel Kotler, Esquire and Kimberly Jubanyik, Esquire
New Jersey Workers' Compensation Laws in practice have become increasingly complicated over the years. A very important aspect is the determination of permanency. This is New Jersey's way of paying an individual for the future loss of functioning to a body part or a psychiatric injury. The purpose of this article is to offer information on some basic concepts and practical tips about today's practice before a workers' compensation Judge.
This practice is sometimes viewed by others as though permanency is a magical number picked from a hat which places a percentage of disability for a specific injury. The percentage negotiated or decided by the judge correlates to a dollar amount. For some historical background, the New Jersey Workers' Compensation Law is located in Title 34, Chapter 15, Articles 1-10. These laws help determine the compensability or denial of a claim. In 1979, the New Jersey Legislature enacted amendments to the Workers' Compensation Statute in an effort to reform a system which paid monies on virtually all claims. These amendments set forth a definition of partial permanent disability at 34:15-36. The goal was to eliminate awards for minor injuries and increase awards for more serious claims. The major areas of reform would benefit employers in some important ways. 1. An employer will now be allowed to receive credits for pre-existing disability when a work injury exacerbates or worsens a pre-existing condition. 2. When defining permanent partial disability a petitioner must prove the injury or disease by a show of objective medical evidence in excess of petitioner's subjective statements and proof of a restriction in petitioner's work ability. 3. Allowing Judges to enter an award resulting in a lump sum and having an effect to dismiss petitioner's ability to any future right of compensation or benefits arising out of the alleged claim. Section 34:15-20. Thereafter several landmark decisions clarified the legislature's intent
Attorneys who regularly practice compensation law understand there is a percentage of partial permanent disability for each injury that a Judge would accept. In an effort to settle each claim a Judge may opine after review of the facts related by both counsel. The Judge understands petitioner's counsel is in a better position to discuss the loss of life issues which are not part of a doctor's evaluation. This may place the respondent at a disadvantage. For these reasons, it is very important to gather all of the facts of petitioner's job duties and pre-existing disabilities before negotiating a final permanency. The Court system in New Jersey has been very liberal in accepting claims for most work injuries. Therefore the discovery and investigation are very important in defending these claims.
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