10-10-07 A-2290-06T1
We construed N.J.S.A. 34:15-64c of the Workers'
Compensation Act, which permits an employer to pay a reduced
amount of the employee's counsel fees if the employer makes a
good faith offer of compensation prior to the hearing. We held
that the employer is entitled to the statutory reduction in fees
where the employer makes an offer of compensation before having
the employee examined by its doctor, even if the offer is higher
than the percentage of disability the doctor eventually
determines. We noted that the statutory scheme may deprive a
petitioner's attorney of fees for work performed before the
employer makes an offer, but arguments for amendment of the
statute must be directed to the Legislature.
