Search Rutgers Law Library N.J. Court Opinions

1 GIUSEPPE ZITO v. AIC -- rank: 1000

... of limitations should be tolled under the "insanity clause" of N.J.S.A. 34:15-27 because his dyslexia "interfered with his ability to understand his ... J. [341,] 349 (1951). In this appeal, Zito contends that N.J.S.A. 34:15-27 with its tolling provision for insane persons should have been ... equivalent of the legal definition of insanity as used in [ N.J.S.A. ] 34:15-27." He urges that his neurological, perceptual, and auditory memory impairments ... again after his coming to or being of same mind. [ N.J.S.A. 34:15-27 (emphasis added).] The tolling exception for insanity was adopted by ... year statute of limitations for "review or modification" found in N.J.S.A. 34:15-27 because of mental incapacity arising from a work-related head ... lobotomy. Ibid. We concluded that the then-existing language of N.J.S.A. 34:15-27 did not allow tolling of the limitations period based ...

docket:	a1070-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-26
status:	unpublished
citation:
Document Size:	39895

2 DOMENICK CATRAMBONE - v. BALLY'S PARK PLACE -- rank: 969

... of permanent partial total disability. The judge determined that neither N.J.S.A. 34:15-27 2 nor N.J.S.A. 34:15-95 3 ... ground that the incapacity of the employee had subsequently increased. N.J.S.A. 34:15-27. Thus, when the petitioner has been awarded partial disability benefits ... he last received a payment and proved an increased disability. N.J.S.A. 34:15-27. Bally's cites no authority that barred Catrambone from disability ... applied to reopen and modify a partial disability award under N.J.S.A. 34:15-27. Milos , supra , 281 N.J. Super. at 198. The Fund ... Rules , comment 4 on R. 2:6-2 (2015). 2 N.J.S.A. 34:15-27 provides as follows, in pertinent part: An agreement for compensation ...

docket:	a3589-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-12
status:	unpublished
citation:
Document Size:	32955

3 GARY STREEPER v. STATE OF NEW JERSEY - -- rank: 896

... was filed beyond the two-year statute of limitations. See N.J.S.A. 34:15-27 (providing that an application for review or modification of a ... authority to: (1) relax the two-year period established in N.J.S.A. 34:15-27 in the interest of justice and to effectuate the remedial ... long past the two-year statute of limitations set in N.J.S.A. 34:15-27. The judge concluded she was without authority to depart from ... and benefits when the incapacity caused by an injury increases. N.J.S.A. 34:15-27, however, places a limit on when such claims must be ... that the incapacity of the injured employee has subsequently increased. [N.J.S.A. 34:15-27.] We have held that '[t]he two[-]year time limit mandated by N.J.S.A. 34:15-27 for submitting an application for review or modification is ...

docket:	a1625-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	26861

4 JAMES BEY v. TRUSS SYSTEMS, INC. -- rank: 806

... and modification of a formal award of compensation, pursuant to N.J.S.A. 34:15-27, on grounds of lack of jurisdiction. We affirm.     The facts ... an application for modification of the formal award pursuant to N.J.S.A. 34:15-27. Respondent answered on November 14, 2000, raising the defense of ... again after his coming to or being of sound mind.         [ N.J.S.A. 34:15-27.]     Petitioner was incarcerated in the Monmouth County Jail from July ... from jail, and within the two year period prescribed by N.J.S.A. 34:15-27.     The two year time limit mandated by N.J.S.A. 34:15-27 for submitting an application for review or modification is a ... mental incapacity could not toll the two year limitation of N.J.S.A. 34:15-27 and dismissed the petition on grounds of lack of ...

docket:	A2581-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-23
status:	published
citation:	360 N.J. Super. 324 823 A.2d 58
Document Size:	16361

5 Hawksby v. DePietro -- rank: 803

... 22, 1997 by entry of an order approving settlement. See N.J.S.A. 34:15-27, of his ten percent disability award for the left leg ... conclusive between the parties and may be appealed pursuant to N.J.S.A. 34:15-27. The order approving settlement in the present case involved both ...

docket:	a-104-98
court:	njsupreme
decided:	2000-07-25
status:
citation:	165 N.J. 58
Document Size:	59101

6 LEONARD DI BERNARD V. GREAT ATLANTIC & PACIFIC TEA CO. -- rank: 746

... to his compensable accident is barred by the provisions of N.J.S.A. 34:15-27 as it was filed more than two years after the ... of workers' compensation by the respondent." We disagree, and affirm.      N.J.S.A. 34:15-27 provides, in pertinent part, that:             An agreement for compensation may ... payments." See N.J.S.A. 34:15-95 (incorporating N.J.S.A. 34:15-27 to two-years following the last payment made by the ...

docket:	a6567-95
court:	njappellate
decided:	1997-07-18
status:	published
citation:	303 N.J.Super. 280
Document Size:	15186

7 IVO ZRNO - v. WEGMAN'S -- rank: 736

... of the prior award because the determined disability increased. See N.J.S.A. 34:15-27 (formal award may be reviewed within two years of receipt ...

docket:	a4025-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-27
status:	unpublished
citation:
Document Size:	98078

8 /usr/local/share/www/libweb/collections/courts/appellate/a2650-18.opn.html -- rank: 733

... the limited circumstances for vacating an order under the Act, N.J.S.A. 34:15-27,3 and Rule 3 The statute states the following: A ... before the judge of compensation, as it does now, that N.J.S.A. 34:15-27 barred Calero's application. In fact, Target conceded, without any ... any time on the ground that the disability has diminished. [N.J.S.A. 34:15-27.] A-2650-18T3 11 provisions, a judge of compensation has ... N.J. Super. 13, 16-17 (App. Div. 1948). Moreover, N.J.S.A. 34:15-27 addresses a claim of increased incapacity caused by the work ...

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Document Size:	24407

9 RONALD WORTH - v. UNITED PARCEL SERVICE -- rank: 729

... seven and one-half percent increase in permanent partial disability. N.J.S.A. 34:15-27 provides in pertinent part: "A formal award, determination and rule ... of proof Worth presented to demonstrate increased incapacitation. Nothing in N.J.S.A. 34:15-27 limits the quality of proof to objective evidence. Indeed, even ... In Perez , sup r a , the Court acknowledged that under N.J.S.A. 34:15-27, consideration of the "lessening to a material degree" factor, as ...

docket:	a0292-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-10
status:	unpublished
citation:
Document Size:	42272

10 PHYLLIS ILLIONS v. SAYREVILLE BOARD OF EDUCATION -- rank: 706

... application on the ground that her disability has increased. See N.J.S.A. 34:15-27. "A formal award, determination and rule for judgment or order ... that the incapacity of the injured employee has subsequently increased." N.J.S.A. 34:15-27. In Colbert v. Consolidated Laundry , 31 N.J. Super. 588 , 592 (App. Div. 1954), we determined that under N.J.S.A. 34:15-27, an injured employee, who had previously been awarded temporary disability ...

docket:	A3195-06
court:	NJ Superior Court Appellate Division
decided:	2008-04-14
status:	unpublished
citation:
Document Size:	39849

11 GERALD MURPHY v. GIAMBOI BROTHERS -- rank: 703

... that the incapacity of the injured employee has subsequently increased." N.J.S.A. 34:15-27. The burden of proof rests with the employee both as ...

docket:	A2487-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-29
status:	unpublished
citation:
Document Size:	60459

12 THOMAS EAROMIRSKI, JR - v. DHL/AIRBORNE EXPRESS -- rank: 699

... seeking review and modification of the previously-entered order. See N.J.S.A. 34:15-27 ("A[n] . . . order approving settlement may be reviewed within 2 ... s discovery rule did not apply to re-openers. Under N.J.S.A. 34:15-27, compensation for any increased incapacity caused by the worsening of ... App. Div. 2003) ("The two year time limit mandated by N.J.S.A. 34:15-27 for submitting an application for review or modification is a ... either applied or rejected, to the limitations period contained in N.J.S.A. 34:15-27. 2 As noted above, the record before us is quite ... should have known, that his "incapacity . . . ha[d] subsequently increased." N.J.S.A. 34:15-27; see, e.g. , Henry v. N.J. Dep't of ...

docket:	a0791-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-17
status:	unpublished
citation:
Document Size:	18560

13 ANA SANTIAGO - v. NORTH BRUNSWICK BOARD OF EDUCATION -- rank: 689

... S CLAIM INVOLVING AN APRIL 28, 2003 ACCIDENT BARRED BY N.J.S.A. 34:15-27 provides in pertinent part: A formal award, determination and rule ... res judicata, the entire controversy doctrine, or the language of N.J.S.A. 34:15-27. Under Brandt-Shaw , supra , the settlement was limited to the ...

docket:	a4709-08
court:	superior court appellate division
decided:	2010-08-20
status:	Unpublished
citation:
Document Size:	58234

14 MANUEL LAMBOUR v. ADAMAR OF NEW JERSEY INC -- rank: 689

... and right shoulder impingement. The claim was reopened pursuant to N.J.S.A. 34:15-27, and on September 7, 2001, the award was increased as ...

docket:	a4739-08
court:	superior court appellate division
decided:	2011-01-11
status:	unpublished
citation:
Document Size:	44911

15 GEORGE A. WILHELM v. RYDER LOGISTICS TRANSPORTATION SOLUTIONS -- rank: 686

... reopen a matter is established A-3770-18 10 in N.J.S.A. 34:15-27, which provides that 'a formal award, determination, judgment, or order ...

docket:	a3770-18
court:	NJ Superior Court Appellate Division
decided:	2021-06-21
status:	Published
citation:
Document Size:	28961