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GORMAN v. WATERS & BUGBEE, INC.

865 A.2d 735 (2005)

374 N.J. Super. 513

Anthony GORMAN, Petitioner-Respondent, v. WATERS & BUGBEE, INC., Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Francis T. Giuliano, Ramsey, argued the cause for appellant (Mr. Giuliano, of counsel and on the brief; David P. Kendall, on the brief).

Gary E. Adams, Princeton, argued the cause for respondent (Pellettieri, Rabstein & Altman, attorneys; Mr. Adams, of counsel and on the brief).

Before Judges NEWMAN, AXELRAD and R.B. COLEMAN.

The opinion of the court was delivered by

NEWMAN, P.J.A.D.

Under N.J.S.A. 34:15-64(c), where an employer makes a timely voluntary tender to its employee of a payment for permanent partial disability within twenty-six weeks of the date of the final active medical treatment, the employer is relieved from paying an attorney's fee on that portion of the disability award representing the amount of the voluntary...

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