A Capehart Scatchard Blog

Counsel Fees

What Costs and Legal Fees Are Deducted From the Lien of the Employer or Carrier?

By on August 24, 2022 in Counsel Fees with 0 Comments

One recurring question which adjusters and practitioners are often asked is this:   in computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third party action? Further, does the employee get to reduce the employer or […]

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Appellate Court Rules That There Is No Section 40 Lien Deduction For Petitioner’s Share Of Counsel Fees Paid In Workers’ Compensation

By on March 8, 2021 in Counsel Fees with 0 Comments

We all know certain events are going to happen every year:  Alabama is going to play for the national football championship, your property taxes will certainly rise, Tom Brady will be in the Super Bowl, and most likely of all – someone is going to challenge the way Section 40 liens are calculated in New […]

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Convent Found To Be Employer of Cook and Required To Reimburse Diocese for Medical and Temporary Disability Payments Voluntarily Paid by Diocese

By on September 15, 2016 in Compensability, Counsel Fees with 0 Comments

Consider this situation:  Company A voluntarily pays approximately $172,000 in medical and temporary disability benefits to Worker.  Company A demands reimbursement from Company B believing that Company B is the true employer.  Worker never files a claim petition against Company A or B.  Can Company A file a claim petition in the name of Worker […]

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Workers’ Comp Rates Are On The Rise Again In New Jersey

By on October 27, 2011 in Counsel Fees with 0 Comments

After a year in 2011 in which workers’ compensation rates actually declined for the first time in decades, the new rates in 2012 have renewed the steady ascent which commenced in 1980. The Workers’ Compensation rates effective January 1, 2012 are: Maximum for temporary disability and permanent total  — $810.00 per week up from $792.00 Minimum for temporary […]

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