Elizabeth A. Adekunle

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All articles by Elizabeth A. Adekunle

 

Verbal Threshold Does Not Bar Employers’ Subrogation

Section 40 of the New Jersey workers’ compensation statute allows employers or workers’ compensation carriers to automatically receive reimbursement of benefits paid to an injured worker from a third party tortfeasor – either directly from the tortfeasor, or from an award received by the injured worker in a third party claim. But what happens when an injured worker is barred from suing the third party tortfeasor? Can the employer or
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Is That Offer Bona Fide?

Did you know that a voluntary offer to settle a workers’ compensation claim in New Jersey must meet three specific criteria to comply with state law? The offer must meet the 26-week rule — this means the offer must be made within 26 weeks of the last active treatment or return to work, whichever is later. The letter to the petitioner must explain the weekly payments are meant to be
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