If a workers compensation petitioner suffered injuries during the course of his employment he would, upon presentation of appropriate proofs, be entitled to a permanent partial total award. Then, if petitioner’s condition continued to deteriorate, he would have a right to file an Application for Modification and, in some cases, benefit from a totality award. In the past, carriers would always be entitled to a credit for prior monies paid, dollar for dollar, as it related to the ultimate totality recovery. Then, of late, the petitioner’s Bar began to successfully argue that a totality award was much different than benefits received via a permanent partial total award and, in many cases, that the carrier making payment pursuant to the permanent partial total award would not be entitled to a credit for the prior benefits paid. This has been a hotly contested issue for some time. Judge Calderone has now clarified the issue within his Directive dated 11/21/13 wherein he confirms that a carrier making payment in the past via a permanent partial total award does have the right to secure a dollar for dollar credit from an ultimate totality award.
New Jersey 2024 Super Lawyers List Announced: Cooper Levenson Attorneys named to NJ Super Lawyers and Rising Stars Lists
Cooper Levenson partners William S. Donio, Randolph C. Lafferty, Russell L. Lichtenstein, Jill T. Ojserkis, and John A. Talvacchia were named to the 2024 New