JOHN F. RENNER, Esq.
New Jersey Work Injury Lawyer

Burlington County Location:
525 Route 73 North
Suite 104
Marlton, NJ 08053
856.596.8000


Camden County Location:
111 White Horse Pike
Haddon Hts., NJ 08035
856.354.2000



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Archive for February 2008

NJ Work Injury Lawyers Consider Recent Case…

February 11, 2008

NEW JERSEY WORK INJURY LAWYERS CONSIDER RECENT CASE REGARDING INTERACTION BETWEEN WORKERS COMPENSATION BENEFITS IN NEW JERSEY AND AN EMPLOYER WHO FILES FOR BANKRUPTCY PROTECTION.

 

The Petitioner, an employee of a self-insured company for workers compensation purposes, was injured in the course of her employment and filed a Claim Petition with the New Jersey Division of Labor. She later amended her petition to join the Second Injury Fund. A Judge of Compensation in NJ eventually awarded her 65% permanent partial disability against the employer including the cost of future prescription payments. The employer filed for Chapter 11 Bankruptcy protection and listed as unsecured creditors workers compensation claimants who under the bankruptcy plan would not receive any distributions.

The case was later placed on the docket to be handled by the New Jersey Self-Insurers Guaranty Association and the injured employee moved to compel payment. The New Jersey Supreme Court held that a worker injured before the employer’s insolvency is not required to file a proof of claim in the bankruptcy proceeding to qualify for compensation benefits. In using traditional means of statutory construction, the Supreme Court noted that there are two classes of claimants: those injured before and those injured after the employer’s insolvency and that the proof of claim requirement only applies to the later class.

Legal Quote of the Week:

The people become more subservient to justice…when they see the author of a law obeying it himself.

Claudian (Claudius Claudianus), Panegyricus de Quarto Consulatu, Honorii Augusti, 398