Robert Olkowitz, Esq.
119 Maple Ave.
Red Bank, N.J. 07701

Michael Affanato, Esq.
Margolis Edelstein
Box 2222
216 Haddon Ave.
Westmont, N.J. 08108

Re: PATRICIA OLSEN V. BROOKDALE COLLEGE

CPS# 90-051271

Dear Counsel:

I apologize for the long delay in deciding this motion for interest under N.J.S.A. 34:15-28. I needed to review a file which was long delayed in transit from Trenton.

I had entered a judgment in favor of Petitioner on May 22, 1995. Respondent appealed to the Appellate Division which affirmed on June 4, 1996. No stay of that judgment was entered here, and I find no record of the Appellate Division having entered such a stay. Petitioner apparently was paid on September 20, 1996. Thereafter, she filed this motion seeking interest under N.J.S.A. 34:15-28 and penalties under N.J.S.A. 34:15-28.1.

After reviewing this matter, I am satisfied that under Amoroso v. Jersey City Welding and Machine Works, 214 N.J. Super. 130 (App. Div. 1986), petitioner is entitled to interest at the rate set forth in N.J.S.A. 34:15-28 on any money not paid between May 22, 1995 and September 20, 1996. On the other hand, the penalty provision of N.J.S.A. 34:15-28.1 applies to temporary disability. None was owed here, so, Petitioner can claim no penalty.

The statutory interest rate under N.J.S.A. 34:15-28 is 3.5% from May 22, 1995 to December 31, 1995 and 5.5% from January 1, 1996 to September 20, 1996. Will petitioner’s counsel please submit an Order calculating this amount and providing for payment of same.

This matter will be rescheduled for pretrial on the application for review and modification of this award.

Very Truly Yours,

Andrew M. Smith, Jr., JWC