Totally Disabled Worker Awarded Medical Benefits for Surgery

A totally disabled petitioner was entitled to receive full medical benefits by way of surgery which was required more than two years after the last payment by the employer under a total disability award but during the period when payments were being made by the Second Injury Fund.

A worker injured his back on July 8, 1980 and required two back surgeries. In March of 1985 a total disability award was entered allocating responsibility to the employer of 66 2/3% and the Second Injury Fund of 33 1/3%.

The Second Injury Fund commenced payment on June 6, 1988. In 1993, more than two years following the last payment by the employer and more than two years from the last medical treatment rendered as authorized by the employer, the petitioner was required to undergo a hemilaminectomy related to the prior surgeries to his back.

The court held that the employer was responsible for the payment of the surgery in October of 1993 as the petitioner was receiving total disability benefits as a result of the original accident even though the payments were being furnished by the Second Injury Fund. Di Bernard v. Great Atlantic and Pacific Tea Company, 303 N.J.Super. 280 (App.Div.1997).