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Petitioner must demonstrate actual lost wages.

April 1, 2018
Kocanowski v. Township of Bridgewater, Docket No. A-3306-15T2, 2017 N.J. Super. Unpub. LEXIS 171 (App. Div., decided Dec. 11, 2017)

In affirming the Judge of Compensation’s denial of the petitioner’s petition for benefits, the Appellate Division relied on Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div., 2006), where the court found that actual lost wages are a prerequisite to a temporary disability award. The Appellate Division found that the judge’s ruling was in accord with Cunningham. The court stated, “Although a volunteer firefighter is entitled to temporary benefits[,] there first must be an entitlement by the volunteer to payment of temporary benefits. That payment depends on proof of lost wages.” Since the petitioner had provided no proof of lost wages, the Appellate Division concluded that she was not entitled to temporary disability benefits.

 

Case Law Alerts, 2nd Quarter, April 2018

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