(Download) "Plooster v. Pierce Packing Co." by New Jersey Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Plooster v. Pierce Packing Co.
- Author : New Jersey Supreme Court
- Release Date : January 02, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The claimant, Joan Plooster, filed a petition in the Workers Compensation Court alleging that the respondent, State Compensation Mutual Insurance Fund (State Fund), was responsible for payment of certain medical bills which it had refused to pay. Shortly before trial, the State Fund conceded liability for payment of the medical bills. At trial, the issues decided were whether claimant was entitled to a statutory penalty, attorney fees, and costs. The Honorable Nat Allen, substituting for Judge Timothy Reardon, found that respondent had acted unreasonably when it delayed payment of claimants medical bills and awarded attorney fees and costs. However, he found that claimant was not entitled to statutory penalty. At a subsequent hearing, the Workers Compensation Court found that $32 per hour was a reasonable rate for claimants attorney fees and entered judgment awarding fees at that rate, plus the costs incurred by claimant. From that judgment, claimant appeals. The State Fund has not appealed the trial courts finding that it acted unreasonably, nor its conclusion that claimant is entitled to an award of attorney fees and costs. We reverse and remand for further proceedings in the Workers Compensation Court.