TRIAL OF A WORKERS' COMPENSATION CASE SECOND INJURY FUND by pharmphresh33

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									  TRIAL OF A WORKERS’
  COMPENSATION CASE:
  SECOND INJURY FUND
  2006 Seminar Material

                Moderator
                       Samuel M. Gaylord, Esq.
                       Certified by the Supreme Court of New
                       Jersey as a Workers’ Compensation
                       Attorney
                       Gaylord, Yuska & Rubenstein, LLC
                       (Trenton)
                Speakers
                       Honorable Renee C. Ricciardelli
                       Compensation Administrative Supervising
                       Judge (Trenton)

                       Christopher M. Campanaro, Esq.
                       Romando, Tucker, Zirulnik & Sherlock
                       (Marlton)

                       Cheryl B. Kline, Esq.
                       Deputy Attorney General
                       Second Injury Fund
                       (Trenton)




New Jersey Institute for Continuing Legal Education
In cooperation with the New Jersey State Bar Association Workers’
Compensation Section
S521e.06
                                 Table of Contents
                                                                            Page

Trial of a Workers Compensation Case:
Second Injury Fund                                                             1

      The Second Injury Fund                                                   1
       What is It?                                                             1
       N.J.S.A. 34:15-94 to 95.5                                               4
       N.J.A.C. 12:235-5.1 to 5.3                                              4
       N.J.A.C. 12:235-12.1 to 12.9                                            4
       Claims Where the Second Injury Fund May Be Liable                       4
       Significant Decisions                                                   5
      When and How to File a Second Injury Fund Petition                      12
       Appropriate Circumstances For Joining the Second Injury Fund           12
       Pleadings                                                              12
       Forms                                                                  13
        Notice of Motion to Join the Commissioner of the Department of
         Labor as Custodian of the Second Injury Fund as a Party to Claim     13
        Second Injury Fund Verified Petition                                  15
        Order to Join the Commissioner of the Department of Labor as
         Trustee of the Second Injury Fund as a Party Respondent              19
       Preparation Before Filing the Second Injury Fund Verified Petition     21
       Contents of the Verified Petition                                      26
      Negotiations With the Employer’s Attorney and the Deputy Attorney
      General                                                                 27
      Calculations for Social Security Offset                                 30
      Preparation for Trial                                                   32
      Settlement                                                              34
      The Trial                                                               35
      The Judgment                                                            36
      Attachments
       Decision of Eligibility                                                37
       Decision of Eligibility                                                43
       Order for Judgment – Total Permanent Disability and Second Injury
        Fund                                                                  49
       Order for Judgment – Total Permanent Disability and Second Injury
        Fund With SSA Setoff                                                  53
       Order for Benefits                                                     57
       Decision of Dismissal                                                  59
      Appendices
       A – N.J.S.A. 34:15-94 et seq.                                          61
       B – N.J.A.C. 12:235-5.1 et seq. and 12:235-12.1 et seq.                99
       C – Forms                                                             109
            Request for Social Security Information                          111
            Request for Records Inspection                                   113
            Order for Distribution (for Child Support)                       115
            Primary Worksheet #1 to Calculate the Amount to Be Paid to
             Probation From a Qualifying Net Award                           117
            Supplementary Worksheet #___ to Calculate Amount to Be Paid
            to Probation When More Than One Qualifying Award is Made
            the Same Day                                                    118

Second Injury Fund
Christopher M. Campanaro, Esq.                                              119

      Prerequisite to Second Injury Fund Eligibility                        119
      Second Injury Fund Eligibility                                        120
      Second Injury Fund Defenses                                           120
      How a Finding of 100% Permanent Total Disability With
       Second Injury Fund Involvement Benefits Respondents                  121
      How Benefits Are Paid in Conjunction With the Second Injury
       Fund                                                                 123
      Social Security Offset Calculations                                   124
      When is the Social Security Reverse Offset Not Available to the
       Respondent?                                                          125
      What Does the Second Injury Fund Not Pay?                             125
      Impact of Social Security Offsets on Section 20 Dispositions          126
      Attachments
       Social Security Offset Calculation                                   127
       Third Party Credits Under NJSA 34:15-40                              128
       Social Security Administration Consent for Release of Information    129
       Request for Social Security Information                              130
       Field Offices in New Jersey                                          131

Introduction to New Jersey Workers’ Compensation                            137

      Introduction                                                          137
      Medical and Hospital Services                                         137
      Temporary Total Disability Benefits                                   137
      Permanent Disability Benefits                                         138
      Conclusion                                                            139
      Attachments
        Consent to Release Form                                             141
        General Release of Information                                      142
        Social Security Administration Consent for Release of Information   143
        Request from CMS for $0.00 Set Aside Allocation (excerpt)           145
        Sample Submission
         Submitter Cover Letter and Other Summary Documentation             149
         Consent Form                                                       157
         Rated Age Information or Life Expectancy                           161
         Life Care Plan                                                     165
         Settlement Agreement or Proposed Court Order                       169
         Set-Aside Administrator/Copy of Agreement                          175
         Medical Records                                                    181
         Payment History                                                    185

About the Panelists…                                                        191

								
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