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Showing posts with label NVSS. Show all posts
Showing posts with label NVSS. Show all posts

Saturday, July 20, 2019

Court Has Discretion to Award Counsel Fee Based on Dependent's Life Expectancy

After awarding dependent benefits under N.J.S.A. 34:15-13 to the surviving spouse of a worker who succumbed to an occupational disease, the judge of compensation awarded counsel fees based on the spouse's expected lifetime – in accordance with a 1995 amendment to N.J.S.A. 34:15-13(j) which provided that compensation shall be paid to a surviving spouse "during the entire period of survivorship" – as determined from the table of mortality and life expectancy printed as Appendix I to the New Jersey Rules of Court.