New Jersey Work Injury Lawyer

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

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

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Archive for January 2013

Personal Injury Attorney seeks reimbursement of PIP benefits through New Jersey Workers’ Compensation

Plaintiff appealed the trial court’s denial of its motion to confirm the award of benefits from an arbitrator and its claim petition as a subrogee under New Jersey Workers’ Compensation. The plaintiff paid personal injury protection benefits to Manuel Rivera injured while driving a car owned by its insured. Plaintiff, believing that Manuel was driving in the course of his employment, attempted to collect reimbursement from defendant, Manuel’s employer’s workers’ compensation carrier. It obtained an award from Arbitration Forums, Inc. and also filed a claim petition, as a subrogee, with the Division of Workers’ Compensation.

The panel affirmed because the AFI arbitrator exceeded his authority because the Division has exclusive jurisdiction, the defendant was not served with the demand for arbitration since plaintiff supplied an incorrect address, despite knowledge of the correction address.   For additional information on NJ Personal Injury or NJ Work Injury law, please visit the website of New Jersey Lawyer John F. Renner.

Legal Quote of the Week:

One must be chary of words because they turn into cages.

Viola Spolin, In article of Barry Hyams, Los Angles Times, May 26, 1974


New Jersey Court finds that the statute of limitations in New Jersey Workers’ Compensation does not provide a safe harbor in its tolling provision for petitioner with Dislexia

The petitioners New Jersey Workers’ Compensation claim was dismissed because the respondent failed to file the petition within two years from the last date of benefits under N.J.S.A. 34:15-27. The injuries did arise out of the course of his employment, but the petition was filed more than two years after the last receipt of benefits as required in New Jersey Workers’ Compensation. The petitioner claims that the tolling provision for insane persons should have been applied to determine the timeliness of his petition, in light of the remedial purposes of the NJ Workers’ Compensation Act. Additionally,  he argues that a letter from the third party administrator of AIC’s workers’ compensation carrier contributed to his failure to timely file his petition, thus AIC should be estopped from asserting a statute of limitations defense under NJ Workers’ Compensation law.

The appellate panel affirmed the NJ Comp courts’ dismissal, finding no exceptions for tolling the statute of limitations. Additionally, the court found that the petitioner’s dyslexia has no bearing on his intelligence or his ability to understand his legal rights under NJ Workers’ Compensation. The plain language of the New Jersey Statute provides no safe harbor from the consequences of his failure to file a timely motion for compensation of his work injury. Lastly, the panel found no merit in the petitioner’s estoppel argument.   For more information on the New Jersey laws of Workers Compensation, please visit the website of John F. Renner, Esquire, NJ Work Injury Lawyer.

Legal Quote of the Week:

Reason dissipates the illusions of life, but does not console us for their departure.

Countess of Blessington, Desultory Thoughts and Reflections, 1839