01-08-08 A-2915-06T3
When there are competing dependency claims for Workers'
Compensation benefits, the employer is required to determine the
merits of the competing claims to allocate and pay benefits
equitably in order to secure the reduction in petitioner counsel
fee awards provided by N.J.S.A. 34:15-64(c). In the event that
the equitable allocation is contested, the attorney for the
prevailing petitioner is entitled under N.J.S.A. 34:5-64(c) to a
fee not to exceed twenty percent of the difference between the
benefits initially paid to his client by the employer and the
amount of the final award. The $50 limit contained in N.J.S.A.
34:15-64(c) applies only to petitioners who do not secure an
increase in benefits following a voluntary tender or payment.
