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 hearing ... 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 additional ... 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 for ... 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 asserts that ... the above-quoted language with the authority now codified in N.J.S.A. 34:15-28.2, which provides: If any employer, insurer, claimant, or counsel ...

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 WADE STANCIL v. ACE USA -- rank: 831

... 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 §§ 1 ... 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 contempt ... 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 other ... 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 to "refer ... This series of events makes clear that the Legislature added N.J.S.A. 34:15-28.2 to the statutory scheme to address circumstances in which insurance ... penalty, assessment, or cost, imposed on an insurer pursuant to [ N.J.S.A. 34:15-28.2], shall not be included in the expense base of ...

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

3 LORI FERGUSON - v. TRENTON BOARD OF EDUCATION - -- rank: 812

... 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 with ... 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 pay ... FERGUSON] STEMMING FROM THE OUTSTANDING TEMPORARY DISABILITY BENEFITS, PURSUANT TO N.J.S.A. 34:15-28.2. A. [BOE's] Termination of [Ferguson's] temporary disability benefits ... Ibid. In 2008, the Legislature adopted a second enforcement statute, N.J.S.A. 34:15-28.2, which "provides the judge of compensation with a further remedy ... a contempt citation against a recalcitrant employer or insurer." Ibid. N.J.S.A. 34:15-28.2 provides: If any employer, insurer, claimant, or counsel to the ... 34:15-28.1, as well as interest pursuant to N.J.S.A. 34:15-28.2. Alternatively, BOE contends, at a minimum, the judge erred ...

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status:	unpublished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

4 Vincent Hager v. MK Construction -- rank: 782

... 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 worker ... 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 and ...

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

5 /usr/local/share/www/libweb/collections/courts/appellate/a5428-14.opn.html -- rank: 777

... 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 action ... 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 a ... 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 action ... 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 the ... 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 judge ...

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

6 CARMEN GARZON v. MORRIS COUNTY GOLF CLUB -- rank: 755

... 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 of ... reasonable legal fees, to enforce the order, statute, or regulation.' N.J.S.A. 34:15-28.2; see also N.J.A.C. 12:235-3.16 ...

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

7 /usr/local/share/www/libweb/collections/courts/appellate/a3310-17.opn.html -- rank: 749

... 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. The ... 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- 3.16 ... 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 of ... 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. According ... in Amorosa are not applicable here. Moreover, the Legislature enacted N.J.S.A. 34:15-28.2 to address circumstances not covered by N.J.S.A ... that a A-3310-17T3 10 penalty is warranted. Instead, N.J.S.A. 34:15-28.2(b) authorizes a penalty only where payment is unreasonably ...

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

8 Frank Caraballo v. City of Jersey City Police Department -- rank: 725

... 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 to ... 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 (2012 ... 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 ... ” 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 (a ... 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 failed ...

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

9 KUBRA QUERESHI - v. CINTAS CORPORATION -- rank: 624

... 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 the ...

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

10 SAFET SAITI v. GARDEN HOMES - -- rank: 603

... 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. 12:235 ... 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 previously ...

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

11 JOSHUA CAPEL v. TOWNSHIP OF RANDOLPH - -- rank: 573

... certain, award appropriate counsel fees, and impose sanctions pursuant to N.J.S.A. 34:15-28.2. The court scheduled the motion hearing for November 9, 2018 ...

docket:	a1315-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-10
status:	Unpublished
citation:
Document Size:	28112

12 JOSEPH TODARO - v. GLOUCESTER COUNTY DEPARTMENT OF CORRECTIONS - -- rank: 565

... 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 things ...

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