The governor of New Jersey recently removed a very large tool that has been used by parties involved in pending workers’ compensation claims, which helped facilitate a petitioner’s continuation of benefits while the matter is being resolved. On Aug. 24, the governor signed into legislation the removal of the voluntary tender credit for counsel fees. He noted that, “After the establishment of an attorney client relationship pursuant to a written agreement”; counsel fees will be based upon the full amount of the award, and not reduced by any voluntary tender or offer of permanency.
The pertinent part of the statute that applies to counsel fees for workers’ compensation claims is 34:15-64, “Rules and regulations; witness fees; attorney fees.”
When, however, at a reasonable time, prior to any hearing compensation has been offered and the amount then due has been tendered in good faith or paid within 26 weeks from the date of the notification to the employer of an accident or an occupational disease or the employee’s final active medical treatment or within 26 weeks after the employee’s return to work whichever is later or within 26 weeks after employer’s notification of the employee’s death, the reasonable allowance for attorney fee shall be based upon only that part of the judgment or award in excess of the amount of compensation, theretofore offered, tendered in good faith or paid.
