MENICHETTI v. PALERMO SUPPLY CO.


933 A.2d 16 (2007)

396 N.J. Super. 118

Philip MENICHETTI, Petitioner-Respondent, v. PALERMO SUPPLY COMPANY, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 2007.


Attorney(s) appearing for the Case

Sherman & Viscomi, attorneys for appellant (Anthony J. Brown, on the brief).

Silvi, Fedele & Honschke, attorneys for respondent (Ralph F. Fedele, on the brief).

Levinson Axelrod, attorneys for amicus curiae New Jersey Advisory Council on Safety and Health (Richard J. Marcolus, Edison, on the brief).

Before Judges WEISSBARD, S.L. REISNER and GILROY.


The opinion of the court was delivered by

S.L. REISNER, J.A.D.

This case concerns the proper construction of N.J.S.A. 34:15-64c, a provision of the Workers' Compensation Act1 that allows an employer to pay a reduced amount of counsel fees to the employee if the employer makes a good faith offer of compensation prior to the hearing. The issue is whether such an offer, which is made before the employer has the employee examined...

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