New Jersey Workers’ Compensation Legislation Update

Since the last update on various pending New Jersey workers’ compensation legislation, new legislation was introduced, although it appears to substitute a prior withdrawn one.

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 would also expand 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. 

UPDATE: On June 22, 2023, withdrawn from consideration.

A5659 Establishes 21st Century Injured Workers’ Access to Justice Act
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 also notes a maximum fee of $1,000 for expert reports and allows a psychologist, nurse practitioner, or licensed clinical social worker to be paid a fee for a report or testimony concerning course of treatment. The language concerning the fee was already signed into law by the governor on July 20, 2023, under A4832 / S3309.

It was introduced on June 26, 2023, and referred to the Assembly Labor Committee. This appears to be a bill replacing A5353, which was withdrawn from consideration on June 22, 2023.
 

_{What’s Hot in Workers’ Comp, Vol. 27, No. 10, October 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.}