New Jersey Workers’ Compensation Legislation Update
Below are some of the more notable pending New Jersey workers’ compensation legislation:
A161 Emergency Bill for First Responders; Farms Out Standard to FSOB
This would revise workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 11, 2022, and referred to the Assembly Labor Committee.
A1036 S Corporations
This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 11, 2022, and referred to the Assembly Commerce and Economic Development Committee.
A1830 Employment Protection for Cannabis Use
This establishes protection from adverse employment action for authorized medical cannabis patients. It was introduced on January 11, 2022, and referred to the Assembly Health Committee.
A3165 Increase Retirement Age for Judges
This would increase the statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, Workers’ Compensation Judges and county prosecutors from 70 to 72. It was introduced on March 7, 2022, and referred to the Assembly Judiciary Committee. On May 12, 2022, it was reported and referred to the Assembly State and Local Government Committee.
A4469 World Trade Center Workers
This would provide workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001, terrorist attacks. It was introduced on September 15, 2022, and referred to the Assembly Labor Committee. On October 17, 2022, it was report out of the Assembly Committee with Amendments and referred to the Assembly Homeland Security and State Preparedness Committee.
A4832/S3309 Increase Expert Fees
This would raise the maximum workers’ compensation fees for evaluating physicians and would expands circumstances for which physician 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.
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%, and it expands the application of the fee to orders for payment of medical and temporary disability benefits on motion and orders approving settlement of any kind. It was introduced on March 30, 2023, and referred to the Assembly Labor Committee.
S2733 Remote Hearings and Affidavits
This concerns submission of testimony in workers’ compensation claims. It was introduced on May 26, 2022, in the Senate and referred to the Senate Labor Committee.
What’s Hot in Workers’ Comp, Vol. 27, No. 5, May 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.