New Jersey Legislative Update

Here are updates to pending New Jersey workers’ compensation legislation reported in our May 2023 edition. 

A4832 / S3309 Increase Expert Fees
This would raise the maximum workers’ compensation fees for evaluating physicians; expand circumstances for which physicians’ legal fees are permitted. It was introduced on October 27, 2022, and referred to the Assembly Labor Committee. On February 13, 2023, it was reported out of the Assembly Committee with Amendments for a second reading. It was introduced on November 3, 2022, in the Senate and referred to the Senate Labor Committee. On February 9, 2023, it was reported from the Senate Committee for a second reading. On March 20, 2023, it passed by the Senate (25-11) and was received in the Assembly.

UPDATE: On May 25, 2023, S3309 was substituted for A4832 and passed the Assembly, passing in both houses.

This bill increases the current maximum fee for a claimant’s evaluating physician from $600 to $1,000. In addition, it allows for a psychologist, nurse practitioner, or licensed clinical social worker who provides psychological treatment to be paid a fee for a report or testimony. The impact of this Bill will increase the current expert report fee by $400. For an Order Approving Settlement, the respondents will now have to pay a maximum of $500 as its portion of fees, rather than $300.

A5353 Increase Counsel Fees
This would revise the workers’ compensation law to increase counsel fee awards to a prevailing party in workers’ compensation matters from a cap of 20% to a nondiscretionary award of 25%. It also expands the application of the fee to orders for payment of medical and temporary disability benefits on motions and orders approving settlement of any kind. It was introduced on March 30, 2023, and referred to the Assembly Labor Committee. 

UPDATE: On June 22, 2023, it was withdrawn from consideration.

Although this Bill has been withdrawn from consideration, we will keep an eye out to see if another similar Bill is submitted for review. As of now, the cap of 20% for attorneys’ fees still applies for motions for medical and temporary disability benefits and orders approving settlement.

_{What’s Hot in Workers’ Comp, Vol. 27, No. 7, July 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}