Search Rutgers Law Library N.J. Court Opinions

1 Wade Stancil v. ACE USA -- rank: 1000

... proceedings.” Instead, the Legislature provided a remedy, codified at N.J.S.A. 34:15-28.2, that permits a compensation judge to hold a separate ... be pursued in Superior Court. Additional enforcement tools provided in N.J.S.A. 34:15-28.2 permit compensation courts to impose costs, interest and an ... defenses; and exclude evidence or witnesses. (pp. 15-22) 3. N.J.S.A. 34:15-28.2’s references to “other remedies provided by law� ... cause of action is supported by the penalty provisions of N.J.S.A. 34:15-28.2, which allows for “other remedies provided by law ... enacted as part of the 2008 amendments to the Act, N.J.S.A. 34:15-28.2, precludes a common law tort action against an insurer ... the judge of compensation with respect to the claim,” N.J.S.A. 34:15-28.2(f), would so permit. By extension, amicus NJAJ ...

docket:	A-112-10
court:	NJ Supreme Court
decided:	2012-08-01
status:
citation:	211 N.J. 276 48 A.3d 991
Document Size:	95466

2 LORI FERGUSON - v. TRENTON BOARD OF EDUCATION - -- rank: 879

... Ferguson urged the court to impose the penalties authorized by N.J.S.A. 34:15-28.1 and N.J.S.A. 34:15-28.2 as a sanction for BOE's failure to comply ... appeared for a hearing to address the penalty provisions of N.J.S.A. 34:15-28.1 and 28.2. The judge denied BOE's motion ... ordered BOE to pay Ferguson's attorneys' fees pursuant to N.J.S.A. 34:15-28.1 and N.J.S.A. 34:15-28.2 in the sum of $8310; (3) ordered BOE to ... penalty of past due temporary disability benefits . . . in accordance with N.J.S.A. 34:15-28.1 and 34:15-28.2(a)"; and (4) ...

docket:	a3053-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-03
status:	unpublished
citation:
Document Size:	40833

3 CARMEN GARZON v. MORRIS COUNTY GOLF CLUB -- rank: 866

... to be paid into the Second Injury Fund pursuant to N.J.S.A. 34:15-28.2(b). The judge stated that penalty was appropriate because ... 1100-21 12 in relation to such delays or refusals.' N.J.S.A. 34:15-28.1; see also Quereshi, 413 N.J. Super. at 500 ... compensation judge must award a petitioner who moves pursuant to N.J.S.A. 34:15-28.1 to compel payment of temporary disability benefits 'reasonable legal ... reasonable legal fees, to enforce the order, statute, or regulation.' N.J.S.A. 34:15-28.2; see also N.J.A.C. 12:235-3 ... attorney's fees awarded by a compensation judge be 'reasonable.' N.J.S.A. 34:15-28.1, -28.2, and -64. Thus, a compensation judge's ... Club already had A-1100-21 16 was incorrect. In N.J.S.A. 34:15-28.1, which is the applicable statute for an award ...

docket:	a1100-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-23
status:	Unpublished
citation:
Document Size:	36061

4 ROBERT FLICK v. PMA INSURANCE COMPANY, et al. -- rank: 844

... the numerous forms of relief and sanctions set forth at N.J.S.A. 34:15-28.1 and at N.J.A.C. 12:235-3 ... to an injured worker entitled to compensation benefits. In particular, N.J.S.A. 34:15-28.1 prescribes that [i]f a self-insured or uninsured ... thereof such that temporary disability compensation is due pursuant to [ N.J.S.A. 34:15-28.1 (emphasis added).] Apart from the twenty-five percent enhancement and counsel fee-shifting authorized under N.J.S.A. 34:15-28.1, the Division's administrative regulations set forth a panoply ... C. 12:235-3.14(a)6. Considered in combination, N.J.S.A. 34:15-28.1 and N.J.A.C. 12:235-3.14 ... fully availed himself of the various administrative remedies prescribed by N.J.S.A. 34:15-28.1 and N.J.A.C. 12:235-3. ...

docket:	A0202-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-17
status:	published
citation:	394 N.J. Super. 605 928 A.2d 54
Document Size:	61257

5 WADE STANCIL v. ACE USA -- rank: 819

... result of and in relation to such delays or refusals." N.J.S.A. 34:15-28.1. The dispute here, however, does not pertain to temporary ... repealed 2009). In Flick , we concluded that the provisions of N.J.S.A. 34:15-28.1 and the then-existing N.J.A.C. 12 ... enactment of new enforcement provisions in the Act, codified at N.J.S.A. 34:15-28.2 to -28.4. L. 2008, c. 93 §� ... by the judge of compensation with respect to the claim. [ N.J.S.A. 34:15-28.2 (emphasis added).] Subsection (e) of this new section conferred ... which the section that would eventually become subsection (e) of N.J.S.A. 34:15-28.2 provided that a compensation judge may: Refer matters to ... and replaced it with the narrower language currently contained in N.J.S.A. 34:15-28.2. That language does not authorize a compensation judge ...

docket:	a1438-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-01
status:
citation:	418 N.J. Super. 79 12 A.3d 223
Document Size:	48852

6 /usr/local/share/www/libweb/collections/courts/appellate/a3310-17.opn.html -- rank: 789

... oral opinion imposing a penalty on the Borough pursuant to N.J.S.A. 34:15-28.2 and N.J.A.C. 12:235-3.16 ... to the Second Injury Fund, the maximum amount permitted by N.J.S.A. 34:15-28.2(b) and N.J.A.C. 12:235- 3 ... with an order of a judge of compensation. According to N.J.S.A. 34:15-28.2: If any employer . . . fails to comply with any order ... by the judge of compensation with respect to the claim. [N.J.S.A. 34:15-28.2.] The Division promulgated a regulation effectuating this statutory provision ... to N.J.A.C. 12:235-3.16: 2 N.J.S.A. 34:15-28 gives the Division discretion to assess interest on any 'lawful ... on the holding in Amorosa was misplaced. That opinion interprets N.J.S.A. 34:15-28.1, which provides: If a self-insured or uninsured ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22107

7 KUBRA QUERESHI - v. CINTAS CORPORATION -- rank: 770

... required by the October 22, 2003 order. As permitted by N.J.S.A. 34:15-28.1 (section 28.1), petitioner moved for the imposition of ... obtain the previously ordered benefits is resolved by reference to N.J.S.A. 34:15-28.2 (section 28.2). Adopted in 2008, this section provides ...

docket:	a1848-08
court:	superior court appellate division
decided:	2010-05-28
status:	Published
citation:	413 N.J. Super. 492 996 A.2d 465
Document Size:	42300

8 /usr/local/share/www/libweb/collections/courts/appellate/a5428-14.opn.html -- rank: 745

... costs was within the discretion of the compensation judge under N.J.S.A. 34:15-28.2. This is the second appeal from this workers' compensation ... stated that the award of actual costs was authorized under N.J.S.A. 34:15-28.2, which provides that when a party or counsel to ... and that there was no basis to compel reimbursement under N.J.S.A. 34:15-28.2. We disagree because the proceedings in this workers' compensation ... the imposition of actual costs. A separate statute found in N.J.S.A. 34:15-28.2, however, does afford the compensation judge discretion to award actual costs. N.J.S.A. 34:15-28.2 provides: If any employer, insurer, claimant, or counsel to ... by the judge of compensation with respect to the claim . [ N.J.S.A. 34:15-28.2 (emphasis added).] This statute expressly allows a compensation ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23635

9 Vincent Hager v. MK Construction -- rank: 721

... may lead to imposition of costs, fines, and other penalties. N.J.S.A. 34:15-28.2. Still, the treatment or services sought by the injured ... stated, stems from the Order entered against M&K. See N.J.S.A. 34:15-28.2 (providing for penalties that may be imposed on employers ...

docket:	a-64-19
court:	NJ Supreme Court
decided:	2021-04-13
status:
citation:
Document Size:	106406

10 Frank Caraballo v. City of Jersey City Police Department -- rank: 628

... at 614. In the wake of Flick, the Legislature enacted N.J.S.A. 34:15-28.2, which created a variety of enforcement mechanisms for employees ... order. The Court explored the enforcement tools made available under N.J.S.A. 34:15-28.2 in Stancil v. ACE USA, 211 N.J. 276 ... at 614. In the wake of Flick, the Legislature enacted N.J.S.A. 34:15-28.2, which “created a variety of enforcement mechanisms” for ... ” Stancil, 211 N.J. at 290-91. Specifically, 11 N.J.S.A. 34:15-28.2 empowers a compensation judge to respond to noncompliance by ... claim.” We explored the enforcement tools made available under N.J.S.A. 34:15- 28.2 in Stancil, in which the injured plaintiff’s employer ...

docket:	a-71-17
court:	NJ Supreme Court
decided:	2019-03-25
status:
citation:	237 N.J. 255 204 A.3d 254
Document Size:	43950

11 SAFET SAITI v. GARDEN HOMES - -- rank: 584

... sought interest and penalties on the outstanding amount, pursuant to N.J.S.A. 34:15-28, and 'an additional assessment of 25% for an unreasonable payment ... to timely comply with an order of a JWC. See N.J.S.A. 34:15-28.2. The corresponding administrative regulation, N.J.A.C. 12 ... addition to any other remedy provided by law, may[:] .... 3 N.J.S.A. 34:15-28 gives the Division discretion to assess interest on any 'lawful ... without findings as to why the payment delay was unreasonable. ' N.J.S.A. 34:15-28.2(a) permits the JWC to enforce his or her ...

docket:	a1328-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-11
status:	Unpublished
citation:
Document Size:	14362

12 JOSEPH TODARO - v. GLOUCESTER COUNTY DEPARTMENT OF CORRECTIONS - -- rank: 571

... entitled to additional attorney's fees under two statutory provisions: N.J.S.A. 34:15-28.1, concerning delay or refusal of a respondent to pay temporary disability compensation; and N.J.S.A. 34:15-28.2, authorizing a judge of compensation to impose, among other ... raise before the judge his right to additional fees under N.J.S.A. 34:15-28.1 or .2; the judge decided respondent's discovery motion ...

docket:	a0204-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-04
status:	unpublished
citation:
Document Size:	24198

13 JOSEPHINE LUCCIOLA v. HOME DEPOT -- rank: 543

... she is entitled to a 25% additional payment pursuant to N.J.S.A. 34:15-28.1; (3) she is entitled to a 20% counsel fee ... remand for the Division to consider petitioner's claim under N.J.S.A. 34:15-28.1 for a twenty-five percent penalty for delay in ...

docket:	a3055-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	23935

14 A-0DEBORAH S PSCHUNDER-HAAF - v. SYNERGY HOME CARE OF SOUTH JERSEY - May 22 2015 -- rank: 540

... result of and in relation to such delays or refusals." N.J.S.A. 34:15-28.1 ("section 28.1"). This statute has been interpreted to ...

docket:	a3138-13
court:	NJ Superior Court Appellate Division
decided:	2014-02-25
status:	unpublished
citation:
Document Size:	28552

15 JASON CUEVAS v. S & J ELECTRIC -- rank: 513

... BY NOT AWARDING THE PETITIONER A 25% PENALTY PURSUANT TO N.J.S.A. 34:15-28.1 DUE TO THE RESPONDENT'S UNREASONABLE NEGLIGENT DELAY OR ...

docket:	a4336-03
court:	njappellate
decided:	2005-10-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	54103