A Capehart Scatchard Blog

Counsel Fees

Should Employers Pay for Both Lawyers in the Workers’ Compensation Case?

When a workers’ compensation case settles in the New Jersey Division of Workers’ Compensation for a percentage of disability, the employer pays for its own lawyer and most of the fee of the injured worker’s lawyer.  New Jersey may be the only state that has this practice.  Judges generally assess 60% of the legal fee […]

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Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits

By on January 4, 2023 in Counsel Fees, NJ Workers' Comp with 0 Comments

There are only a few appellate level cases dealing with counsel fees in the New Jersey Division of Workers’ Compensation.   In Garzon v. Morris County Golf Club, A-1100-21 (App. Div. December 23, 2022), the Appellate Division embraced an approach that petitioner’s attorney’s counsel fee should be based on considerations of reasonableness and not automatically set […]

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

By on August 24, 2022 in Counsel Fees, NJ Workers' Comp 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

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

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, NJ Workers' Comp 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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