New Jersey S 2822: Revises workers' compensation law to increase contingency attorney fee cap in contingency case from 20 percent to 25 percent.

Bill Text

(Sponsorship Updated As Of: 6/28/2024)
SENATE, No. 2822
STATE OF NEW JERSEY
221st LEGISLATURE

INTRODUCED FEBRUARY 27, 2024

Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)

Co-Sponsored by:
Assemblywomen Hall, Peterpaul, Reynolds-Jackson and Speight

SYNOPSIS
Revises workers’ compensation law to increase contingency attorney fee cap
in contingency case from 20 percent to 25 percent.

CURRENT VERSION OF TEXT
As introduced.

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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning contingency fees in workers’ compensation 1
matters and amending R.S.34:15-64. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. R.S.34:15-64 is amended to read as follows: 7
34:15-64. a. The commissioner, director and the judges of 8
compensation may make such rules and regulations for the conduct 9
of the hearing not inconsistent with the provisions of this chapter as 10
may, in the commissioner's judgment, be necessary. The official 11
conducting any hearing under this chapter may allow to the party in 12
whose favor judgment is entered, costs of witness fees and a 13
reasonable attorney fee, not exceeding [20%] 25 percent of the 14
judgment; and a reasonable fee not exceeding $400 for any one 15
witness, except that the following fees may be allowed for a 16
medical witness: 17
(1) (a) A fee of not more than $1,000 paid to an evaluating 18
physician for an opinion regarding the need for medical treatment 19
or for an estimation of permanent disability, if the physician 20
provides the opinion or estimation in a written report; and 21
(b) An additional fee of not more than $400 paid to the 22
evaluating physician who makes a court appearance to give 23
testimony; or 24
(2) (a) A fee of not more than $450 paid to a treating physician 25
for the preparation and submission of a report including the entire 26
record of treatment, medical history, opinions regarding diagnosis, 27
prognosis, causal relationships between the treated condition and 28
the claim, the claimant's ability to return to work with or without 29
restrictions, what, if any, restrictions are appropriate, and the 30
anticipated date of return to work, and any recommendations for 31
further treatment; and 32
(b) (i) An additional fee of not more than $300 per hour, with the 33
total amount not to exceed $2,500, paid to the treating physician 34
who gives testimony concerning causal relationship, ability to work 35
or the need for treatment; or 36
(ii) An additional fee of not more than $300 per hour, with the 37
total amount not to exceed $1,500, paid to the treating physician 38
who gives a deposition concerning causal relationship, ability to 39
work or the need for treatment. 40
b. (1) No fee for an evaluating physician pursuant to this section 41
shall be contingent on whether a judgment or award is or is not 42
made in favor of the petitioner. 43

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(2) No evaluating or treating physician shall charge any fee for a 1
report, testimony or deposition in excess of the amount permitted 2
pursuant to the provisions of this section. 3
(3) A psychologist, nurse practitioner, or licensed clinical social 4
worker who provides psychological treatment may be paid a fee, as 5
permitted in accordance with the provisions of this section, for a 6
report or testimony concerning that provider's course of treatment 7
of the injured worker in that provider's role as a provider of 8
treatment. 9
c. A fee shall be allowed at the discretion of the judge of 10
compensation when, in the official's judgment, the services of an 11
attorney and medical witnesses are necessary for the proper 12
presentation of the case. In determining a reasonable fee for 13
medical witnesses, the official shall consider (1) the time, 14
personnel, and other cost factors required to conduct the 15
examination; (2) the extent, adequacy and completeness of the 16
medical evaluation; (3) the objective measurement of bodily 17
function and the avoidance of the use of subjective complaints; and 18
(4) the necessity of a court appearance of the medical witness. 19
When, however, at a reasonable time, prior to any hearing 20
compensation has been offered and the amount then due has been 21
tendered in good faith or paid within 26 weeks from the date of the 22
notification to the employer of an accident or an occupational 23
disease or the employee's final active medical treatment or within 24
26 weeks after the employee's return to work whichever is later or 25
within 26 weeks after employer's notification of the employee's 26
death, the reasonable allowance for an attorney fee shall be based 27
upon the amount of compensation, theretofore offered, tendered in 28
good faith o