Search Rutgers Law Library N.J. Court Opinions

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

... or negligence if the delay were thirty days or more. N.J.S.A. 34:15-28.1. Moreover, regulations adopted by the Division of Workers’ Compensation authorized ... the court of compensation to impose an additional assessment, see N.J.S.A. 34:15-28.1, as well as fines and penalties on the carrier, see ...

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 CARMEN GARZON v. MORRIS COUNTY GOLF CLUB -- rank: 959

... 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 (holding ... 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 fees ... 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 authority ... 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 of fees ... result of and in relation to such delays or refusals.' N.J.S.A. 34:15-28.1; see also Quereshi, 413 N.J. Super. at 500 (holding the required fee award under N.J.S.A. 34:15-28.1 for a motion to compel payment of temporary disability ...

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status:	Unpublished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

3 LORI FERGUSON - v. TRENTON BOARD OF EDUCATION - -- rank: 940

... 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 ... 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 for ... 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 ... 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) ordered BOE ... ASSESSED A TWENTY-FIVE PERCENT PENALTY AGAINST [BOE] PURSUANT TO N.J.S.A. 34:15-28.1, AS WELL AS, THE SIMPLE INTEREST FOR THE MONEYS DUE ... incurred by the petitioner" as a result of the delay. N.J.S.A. 34:15-28.1. "A delay of 30 days or more shall give ...

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status:	unpublished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

4 KUBRA QUERESHI - v. CINTAS CORPORATION -- rank: 931

... 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 a ...

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

5 ROBERT FLICK v. PMA INSURANCE COMPANY, et al. -- rank: 922

... the numerous forms of relief and sanctions set forth at N.J.S.A. 34:15-28.1 and at N.J.A.C. 12:235-3.14 ... 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 employer ... 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 of ... 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 are ... fully availed himself of the various administrative remedies prescribed by N.J.S.A. 34:15-28.1 and N.J.A.C. 12:235-3.14. ...

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

6 WADE STANCIL v. ACE USA -- rank: 897

... 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 disability ... 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. 12:235 ...

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

7 /usr/local/share/www/libweb/collections/courts/appellate/a3310-17.opn.html -- rank: 822

... 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 employer . . . unreasonably ... the thirty-day rebuttable presumption of negligent conduct established in N.J.S.A. 34:15-28.1 and recognized in Amorosa are not applicable here. Moreover, the ... 34:15-28.2 to address circumstances not covered by N.J.S.A. 34:15-28.1. Id. at 81-82. Although aware of N.J.S.A. 34:15-28.1, the Legislature did not include either a negligence standard or ... determination not tied to the thirty-day period established in N.J.S.A. 34:15- 28.1 or concepts of negligence. Here, it was entirely reasonable for ...

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

8 JASON CUEVAS v. S & J ELECTRIC -- rank: 679

... 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 REFUSAL ...

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

9 A-0DEBORAH S PSCHUNDER-HAAF - v. SYNERGY HOME CARE OF SOUTH JERSEY - May 22 2015 -- rank: 679

... 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 mean ...

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

10 MARTIN J. ROCHE V. BIRCHWOOD MANOR -- rank: 638

... 728. The compensation judge further held: The Court finds that N.J.S.A. 34:15-28.1 is applicable in this case. In the Court's opinion ... 64. (2) Birchwood next contends that the penalty awarded under N.J.S.A. 34:15-28.1 and the award of a twenty-percent counsel fee on ... credibility. Furthermore, the compensation judge properly awarded a penalty under N.J.S.A. 34:15-28.1 and a counsel fee on said penalty. Affirmed in part ...

docket:	A4028-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-13
status:	unpublished
citation:
Document Size:	58217

11 JOSEPHINE LUCCIOLA v. HOME DEPOT -- rank: 632

... 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 pursuant ... 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 payment ...

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

12 PATRICIA CONQUEST-BENSON v. CAMDEN BOARD OF EDUCATION -- rank: 626

... employee for a term of three months or more. Specifically, N.J.S.A. 34:15-28.1 provides for such an award under the following circumstances: If ...

docket:	a6902-03
court:	njappellate
decided:	2005-12-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	37065

13 JOSEPH TODARO - v. GLOUCESTER COUNTY DEPARTMENT OF CORRECTIONS - -- rank: 604

... 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 ... 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 based ...

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

14 EARL LOCKAMY v. BOARD OF REVIEW DEPARTMENT OF LABOR and EAGLE CHAUFFEURED SERVICES INC -- rank: 485

... could have pursued appropriate monetary penalties for Eagle's inaction. N.J.S.A. 34:15-28.1. Moreover, appellant conceded that Eagle properly reported his December 2012 ...

docket:	a2525-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	16347

15 JOSEPHINE LUCCIOLA, Petitioner- v. THE HOME DEPOT -- rank: 448

... 440.79 was then applied to the statutory formula in N.J.S.A. 34:15-28.1. That statute provides for a twenty-five percent additional payment ...

docket:	A2087-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-11
status:	unpublished
citation:
Document Size:	28388