Vermont Universal Health: Settlement

Thursday, February 17, 2011

Hot Topics in Workers’ Compensation Law 2011 Seminar

Save the Date: March 2, 2011

This popular annual program, offered by the NJ Institute for Continuing Legal Education (NJICLE), is geared to both the novice and expert Workers’ Compensation attorney. It provides important and essential information to understand the cutting edge and critical issues confronting those who practice workplace injury law.

During the program, you’ll gain insight into understanding both simple and complex jurisdictional issues, medical benefits, and off-premises injuries. The seminar will enlighten you of ethical issues in obtaining and utilizing social networking evidence. The program will provide guidance by a judicial panel of ethical considerations in the negotiation, presentation and finalization of a settlement in workers’ compensation matters.

The seminar features a panel of some of the most respected New Jersey Workers' Compensation Judges and attorneys, who will review and provide insight on the top issues and cases that have emerged during the past year.

As an attendee, you’ll pick up practical pointers that have proven successful in matters ranging from jurisdictional issues through coverage of employment. The program will expand your horizons and broaden your practice potential into expanding in developing areas of the law. Make plans to register today!

Program Agenda

·      The Ethical Considerations of the Settlement, Strategy & Tactics
·      Medical Benefits: Compliance, Penalties and Counsel Fees
·      Social Networking: The Perils & Pitfalls for Employee & Employers
·      Multi-State Jurisdictional Issues and Apportionment of Liability
·      Off Premises Injuries: When Is A Trip to the Coffeehouse Compensable
·      Discrimination Claims: Current Developments

Program Moderators

Jon L. Gelman, Esq.

Author, NJ Workers' Compensation Law 3^rd Ed (Thompson-West)

Jon L. Gelman, LLC

(Wayne)

Nancy J. Johnson, Esq.

Weston Stierli McFadden & Capotorto

Certified by the Supreme Court of New Jersey as a Workers’ Compensation Attorney

(Parsippany)

Speakers

Hon. Emille Cox

Supervising Judge of Workers’ Compensation

(Camden)

Hon. Cosmo Giovanzzi, III

Supervising Judge of Workers’ Compensation

(Bridgeton)

Hon. Anthony Minniti

Judge of Workers’ Compensation

(Newark)

Hon. Philip Tornetta

Judge of Workers’ Compensation

(Hackensack)

David H. Ben-Asher, Esq.

Rabner Allcorn Baumgart & Ben-Asher, P.C.

(Upper Montclair)

Mark S. Kancher, Esq.

Kancher Law Firm, L.L.C.

(Haddonfield)

Edward J. Magram, Esq.

Certified by the Supreme Court of New Jersey as a Workers’ Compensation Attorney

Smith Magram Berenato & Michaud
(Burlington)

Christopher J. Saracino, Esq.

Certified by the Supreme Court of New Jersey as a Workers’ Compensation Attorney

Pietras, Saracino, Smith & Meeks

(Cherry Hill)

David Tykulsker, Esq.

Certified by the Supreme Court of New Jersey as a Workers’ Compensation Attorney

David Tykulsker & Associates

(Montclair)

........

Save the Date: March 2, 2011

Click Here to Register

New Jersey Institute for Continuing Legal Education (NJICLE)

Wednesday, February 16, 2011

Court Holds Parties May Assert A Third Party Lien Against Lump Sum Payment

A NJ Court of Appeals has held that parties may stipulate, as part of a workers' compensation settlement, that a third party lien may be asserted against a lump sum payment. A workers' compensation settlement contracted into by the parties, and approved by a Judge of Compensation, supersedes the statutory prohibition against the assertion of a lien on such proceeds.

Statutorily workers' compensation settlements made pursuant to NJSA 34:15-20 are immune form the assertion of a third party recovery lien made in accordance with a settlement under NJSA 34:15-40. As part of the workers' compensation settlement, the parties stipulated to the assertion of a third party recovery lien, and the Appellate Court held the contractual agreement made between the parties to be valid.

"The resolution of plaintiff's claims, including retention of the Section 40 lien, was negotiated as a material part of the settlement. A settlement agreement between parties in litigation is a contract. Nolan v. Lee Ho, 120 N.J. 465, 472 (1990) (citing Pascarella v. Bruck, 190 N.J.Super. 118, 124- 25 (App.Div.), certif. denied, 94 N.J. 600 (1983)). Accordingly, American Style's right of reimbursement on the $50,000 is contractual rather than statutory.

"Significantly, Calle acknowledged under oath his understanding that a Section 40 lien amount of $50,000 of the money ... [was] reservable by the insurance company as pay back for authorized treatment. This money will come from the part of the case that was handled by [the Law Firm in the Superior Court action] should they have a financial recovery.

"The parties relied upon that understanding when they entered into the settlement agreement. It would be inconsistent with the agreement and unjust to permit Calle to repudiate that understanding after the fact. See Knorr v. Smeal, 178 N.J. 169, 178 (2003) (observing that estoppel "is designed to prevent injustice by not permitting a party to repudiate a course of action on which another party has relied to his detriment").

The effect of this ruling will ultimately dilute, yet again, the value of a workers' compensation award globally. Claimants and their attorneys will be hard pressed to avoid the the inclusion of the stipulated waiver in Section 20 settlements since the alternative route would be the trial of a claim where the statutory lien mandated under NJSA 34:15-40 would be applied.

DANIEL AQUILINO CALVA CALLE Administrator ad prosequendum of the Estate of CHRISTIAN DANIEL CALVA SIGUENA, Deceased and DANIEL AQUILINO CALVA CALLE individually v. HITACHI POWER TOOLS, AMERICAN STYLE CONSTRUCTION, INC HITACHI KOKI, USA , LTD., DOCKET NO. A-1015-09T1--- A.3d ----, 2011 WL 499345 (N.J.Super.A.D.)