May 18, 2007 : Jeffrey D. Newby Quoted in Appellate Division Decision
Jeffrey D. Newby, managing partner of the Firm’s Cherry Hill office, was quoted in the recent New Jersey Appellate Division decision of Cruz v. Central Jersey.
In Cruz, the court held that the January 14, 2004 amendment to the dependency statute (N.J.S.A. 34:15-1) increasing the dependency benefit rate to 70 percent regardless of the number of dependents should be applied in pending cases on or after the effective date of the amendment. The increased rate will not apply to benefits paid prior to January 14, 2004 but only from that date forward.
The decision does not address whether the new rate will apply to dependency claims that were not pending at the time of the amendment. There may be new litigation that will address that issue.
Both the majority and the dissent in Cruz cited to Mr. Newby's December 2002 testimony that the ambiguity in the bill leading to the statute was not avoided since the statutory language was not amended from its original form.
Feel free to follow up with any of our attorneys in Cherry Hill or Newark regarding this decision.
File Under: Firm News, Workers' Compensation, Jeffrey D. Newby