A Capehart Scatchard Blog

Tag: Permanency Awards

Section 20 Settlements Versus Orders Approving Settlement

Practical Advice in New Jersey Workers’ Compensation Our clients often ask great questions regarding settlements in New Jersey workers’ compensation, particularly regarding the two types of settlements (Orders Approving Settlement, and Section 20/full and final), and the differences between them.  This post provides examples of scenarios where an argument can be made for a Section […]

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Appellate Division Endorses a Penalty Assessed by the Judge of Compensation for Late Payment of a Permanency Order but Not for Respondent’s Delays Prior to Date of Settlement

By on June 6, 2022 in Court Rulings with 0 Comments

There are few cases in the Division that discuss penalties for late payments of permanency awards, so the recently published Appellate Division decision in Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022) should be studied by workers’ compensation practitioners. The Ripp case was not about delayed temporary disability benefits, which are […]

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The Most Common Mistake In Permanency Assessments: Evaluating Medical Records, Not Individuals

By on June 1, 2018 in Awards with 2 Comments

Assessing permanent disability is such a vital aspect of every formal workers’ compensation claim petition.  New Jersey is a loss of function state unlike the more common wage loss states.  An employee can return to his or her job following treatment or surgery, perform the very same work tasks, and still remain eligible for a […]

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Rules Regarding Future Payments Under Permanency Awards and Commutations

By on April 27, 2018 in Awards with 0 Comments
Rules Regarding Future Payments Under Permanency Awards and Commutations

New Jersey adjusters sometimes ask why future benefits under an order approving settlement with a percentage of disability cannot be paid in a lump sum to the injured worker.  In other words, why is there a requirement that future payments be paid out over a period of many weeks or even many years? This question […]

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How Employers Can Reduce Permanency Awards In New Jersey At No Cost

By on August 3, 2017 in Awards with 1 Comment
How Employers Can Reduce Permanency Awards In New Jersey At No Cost

Permanency awards in the New Jersey Division of Workers’ Compensation can amount to very significant dollars.  An award of 40% partial permanent disability at 2017 rates amounts to $114,720 – tax free.  Furthermore, the case can be reopened within two years from the last date of payment for further permanency benefits.  If the employee reopens […]

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