New Jersey Workers’ Compensation Legislation Update

On July 20, 2023, the Governor of New Jersey signed A4832 / S3309 into law. This raises the maximum workers’ compensation fees for evaluating physicians and expands circumstances for which physicians’ legal fees are permitted. N.J.S.A 34:15-64 was amended, and the statutory language permits application effective immediately.

This bill raises the maximum fee from $600 to $1,000 for expert reports. It also allows a psychologist, nurse practitioner, or licensed clinical social worker to be paid a fee for a report or testimony concerning course of treatment.

Logically speaking, it would make the most sense that any reports of exams that have not yet taken place since the signing of the bill should be awarded $1,000. However, due to the fact that this bill is effective immediately, some attorneys have interpreted this to mean that the fee for current expert reports in pending workers’ compensation cases, even those exams which took place prior to the bill signing, should be $1,000. Going forward, it will be interesting to see how the judges interpret the bill and the timing of when the fee should be $1,000.

_{What’s Hot in Workers’ Comp, Vol. 27, No. 8, August 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}