The New Jersey Workers’ Compensation Law provides three main benefits to workers who have compensable medical conditions. These benefits are tax-free temporary disability payments, all reasonable and necessary medical treatment and potentially either permanent partial or permanent total disability benefits depending upon the severity of the compensable medical conditions in question.
While the statute provides the “letter of the law”, the interpretation of the statute under any particular fact pattern can be the subject of debate where the outcome is not necessarily crystal clear. Our partner, Terri Hiles, recently handled an application by our permanently and totally disabled client to compel the workers’ compensation insurance carrier to make certain renovations to his house [including ramps and rails] to allow safe entrance and exit of his residence given his significant totally disabling disability which prevented him from safely negotiating stairs. It is a rare occurrence that results in a Court Order for home renovations because the express language of the statute does not provide for such benefits. However here, the treating physician felt that the alterations in question were absolutely necessary to permit the petitioner to engage in the basic necessities of ordinary daily living consistent with his severe physical restrictions and that the relief in question was the only logical outcome that could reasonably achieve a statute’s intent consistent with its intended purpose regarding a liberal interpretation of language regarding medical “treatment” and “prosthetic devices”. The Supreme Court of New Jersey had previously provided support on interpretation under the right extraordinary circumstances, such as existed here.
Loading...