ASSEMBLY, No. 1369

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman STUHLTRAGER

 

 

An Act concerning workers' compensation and amending R.S.34:15-28.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. R.S.34:15-28 is amended to read as follows:

    34:15-28. Interest on payments withheld. Whenever lawful compensation shall have been withheld from an injured employee or dependents for a term of three months or more following entry of a judgment, simple interest on each weekly payment for the period of delay of each payment may, at the discretion of the division, be added to the amount due at the time of settlement plus any reasonable legal fees incurred by the petitioner as a result of and in relation to the withholding of compensation. The annual rate of interest on payments withheld shall equal the average rate of return, to the nearest whole or one-half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment in the Department of the Treasury.

(cf: P.L.1987, c.126, s.2)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill provides that the Division of Workers' Compensation may award reasonable legal fees to a petitioner who incurs legal fees as a result of the withholding of compensation for a period of three months or more following the entry of a judgment.


 

Provides for the payment of legal fees incurred to secure certain workers' compensation payments.