New Jersey Workers’ Compensation Legislation Update

Since the last update on various pending New Jersey workers’ compensation legislation, there has been an update and new proposed legislation as outlined below. 

A5353 Increase Counsel Fees
This would have revised 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 would have expanded 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UPDATE: On June 22, 2023, it was withdrawn from consideration.

S3905 Medical Fee Dispute
This concerns reduction of statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on June 1, 2023, in the Senate and referred to the Senate Labor Committee. Currently, case law indicates these types of claims are governed by the general six-year statute of limitations.
 

_{What’s Hot in Workers’ Comp, Vol. 27, No. 9, September 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.}