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 Results for ("N.J.S.A. 43:21-30")   1 to 9 of 9 results. Run time: 0.827 seconds | Search time: 0.820 seconds    
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

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