Search Rutgers Law Library N.J. Court Opinions

1 GINA PARASCANDOLO v. DEPARTMENT OF LABOR BOARD OF REVIEW -- rank: 1000

... workers' compensation law ." Ibid. (emphasis added). With certain specified exceptions, N.J.S.A. 43:21-30(b) explicitly bars the duplication of benefits paid under the ... from any award subsequently rendered in the compensation proceeding." Ibid. ; N.J.S.A. 43:21-30(b)(1), (2). The application of this nonduplication requirement is ... to even the most casual reader of its title that N.J.S.A. 43:21-30 intends to avoid double recovery, not full recovery . Although no ... and workers' comp is not mutually exclusive. The title to N.J.S.A. 43:21-30 is "Nonduplication of benefits," not "Election of benefits." [ Sperling , supra ... is prohibited. Our decision prompted both legislative and regulatory action. N.J.S.A. 43:21-30(b)(3) was intended to codify Scott by establishing a ... her TDB rate. 4 The Board counters that, pursuant to N.J.S.A. 43:21-30 and N.J.A.C. 12:18-1.5, ...

docket:	a3209-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-22
status:	published
citation:	435 N.J.Super. 617 90 A.3d 669
Document Size:	56690

2 Sperling v. Board of Review -- rank: 813

... other causes that were not work related. In that setting, N.J.S.A. 43:21-30 provides that the benefits plan would be entitled "to such ... received. The Court does not disagree with that interpretation of N.J.S.A. 43:21-30. II     My disagreement with the Court concerns its conclusion that ... workers' comp, a paradox to say the least. After settlement, N.J.S.A. 43:21-30 simply entitles the benefits plan to reimbursement for the "claimant ... legislative provisions. At the first hearing, the Division representative interpreted N.J.S.A. 43:21-30 to mean that no temporary disability benefits may be paid ... to even the most casual reader of its title that N.J.S.A. 43:21-30 intends to avoid double recovery, not full recovery. Although no ... and workers' comp is not mutually exclusive. The title to N.J.S.A. 43:21-30 is "Nonduplication of benefits," not "Election of benefits."     The ...

docket:	a-153-97
court:	njsupreme
decided:	1998-12-11
status:
citation:	156 N.J. 466
Document Size:	30966

3 IN THE MATTER OF CHARLES D. SCOTT -- rank: 785

... 1997 as payment would be a duplication of benefits under N.J.S.A. 43:21-30." Scott, who was injured during work for a part-time ... the claimant was "ineligible for disability benefits" in light of N.J.S.A. 43:21-30. That statute, entitled "nonduplication of benefits," provides:         No benefits shall ... Justice O'Hern emphasized in his separate opinion in Sperling , N.J.S.A. 43:21-30 (entitled "non-duplication of benefits," not "election of benefits") "intends ... in the Division of Workers' Compensation. Footnote: 2 Footnote: 3 N.J.S.A. 43:21-30 was amended by L. 1967, c. 306, § 1, after Janovsky ... 21-32 to -36. The State plan is governed by N.J.S.A. 43:21-30 is a provision of general application and applies to both ...

docket:	a0612-97
court:	njappellate
decided:	1999-04-27
status:	published
citation:	<a href=
Document Size:	20624

4 JOHN OTTENS v. BOARD OF REVIEW and MURPHY BUS SERVICE, INC -- rank: 763

... to decide whether there is a duplication of benefits under N.J.S.A. 43:21-30. Additionally, Ottens argues there has been no duplication of disability ... employment. N.J.S.A. 43:21-29. In addition, N.J.S.A. 43:21-30 prohibits the payment of workers' compensation benefits and disability benefits for the same injury. See N.J.S.A. 43:21-30, the Supreme Court has found its "overriding legislative plan and ... rendered in the compensation proceeding. We are satisfied that under N.J.S.A. 43:21-30 this right of reimbursement or subrogation, as described in the ... here "there was no duplication of benefits as required by N.J.S.A. 43:21-30 for reimbursement." We do not agree. As the Tribunal found ... of Workers' Compensation for the same injury. Under those circumstances, N.J.S.A. 43:21-30 requires Ottens to reimburse the Division for the temporary ...

docket:	a4566-08
court:	superior court appellate division
decided:	2010-07-13
status:	unpublished
citation:
Document Size:	38203

5 I/M/O DOUGLAS H. PATERSON -- rank: 701

... individual's total inability to perform the duties of employment.          N.J.S.A. 43:21-30. Nonduplication of benefits         ...[W]here a claimant's claim for ... he was entitled to the temporary disability benefits available under N.J.S.A. 43:21-30.     Sonoco's private plan insurer disagreed, contending that Paterson's ... that Paterson failed to meet a prerequisite for entitlement under N.J.S.A. 43:21-30, in that compensation benefits were not "delayed because the claim ... benefits pursuant to the Temporary Disability Benefits Law." See also N.J.S.A. 43:21-30, which provides for subrogation as to compensation benefits awarded for ... its payer from reimbursement. Read together, we are satisfied that N.J.S.A. 43:21-30 do not contemplate the award of temporary disability benefits to ... case did not, as required by the non-duplication provision, N.J.S.A. 43:21-30, had compensation benefits been delayed only because they were ...

docket:	a6677-94
court:	njappellate
decided:	1997-03-03
status:	published
citation:	298 N.J.Super. 333
Document Size:	16087

6 PHYLLIS Y. ELLIS v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 639

... benefits and, if the Board so determines, temporary disability payments. N.J.S.A. 43:21-30 provides in pertinent part, with regard to nonduplication of benefits ...

docket:	a6265-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-28
status:	unpublished
citation:
Document Size:	16605

7 RAUL R. DACOSTA v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 614

... S.A. 43:21-4(f)(1)(E); see also N.J.S.A. 43:21-30 (stating that no temporary disabilities benefits will be paid while ...

docket:	a1574-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-08
status:	unpublished
citation:
Document Size:	22219

8 ROGER CALDWELL v. COUNTY OF MERCER -- rank: 549

... delayed," although reimbursement is required if workers' compensation is awarded. N.J.S.A. 43:21-30. Similarly, the Workers' Compensation Act recognizes this alternative means of ...

docket:	a6502-05
court:	njappellate
decided:	2007-10-26
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	48629

9 HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS -- rank: 437

... that was "entitled to be subrogated to [Naulty]'s rights." N.J.S.A. 43:21-30(b)(2); Janovsky v. Am. Motorists Ins. Co. , 11 N ...

docket:	a5221-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-26
status:	unpublished
citation:
Document Size:	53387