CP# 2006-6559 (2008). MARK PISKORZ, Petitioner v. BENO STUCCO SYSTEMS CORP. Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2008. CP# 2006-6559 (2008). MARK PISKORZ, Petitioner v. BENO STUCCO SYSTEMS CORP. Respondent CP# 2006-6559 Piskorz v. Beno Stucco Systems CorpNEW JERSEY DEPARTMENT OF LABORDIVISION OF WORKERS'COMPENSATIONBERGEN COUNTY DISTRICTMARK PISKORZ, Petitionerv. BENO STUCCO SYSTEMS CORP. RespondentCLAIM PETITION NO. 2006-6559RESERVED DECISIONBEFORE: HONORABLE PHILIP A. TORNETTA JUDGE OF COMPENSATIONAppearances: FRED RABINOWITZ, ESQ. ATTORNEY FOR PETITIONER BAUMANN and LYNESBY: DONNA J. SOVA, ESQ.ATTORNEY FOR RESPONDENTThis matter comes before the court by way of Notice of Motion of petitioner, Marek Piskorz, (hereinafter "petitioner") for commutation of his Workmen's Compensation award entered on October 10, 2007, pursuant to N.J.S.A. 34:15-25. The award was for 37 1/2 of partial total disability for orthopedic and neurological residuals of a fracture of the left wrist, multiple rib fractures, spinous process of T 10, T 11 and T 12 and post concussion syndrome. It was stipulated by the parties that the balance of the award due petitioner as of the return date of the motion is 121 weeks of compensation at a rate of $368.00 per week, which equals $44,728.00. This amount will be subject to a discount of five per centum (5%) simple interest as required by statute, if the award is commuted. A hearing was held on July 30, 2008 at which petitioner, in support of the motion, testified that he presently resides at 56 John Street in Rutherford, New Jersey. He is unmarried and he has no children. It is his intention to return to Poland , in his words, "in the future, two, three months" for the purpose of opening a business inspecting motor vehicles. However, he has not yet made any airline reservations for the trip to Poland. Petitioner attended eight years of elementary school and three years of vocational school studying automobile mechanics. Thereafter, he served in the Polish army as a motor vehicle technician. At the time of his work related injury, petitioner was working as a construction laborer. He has been unable to return to work as a construction laborer, because he continues to have pain in his wrist, back and ribs. He is presently working as a carpenter, mounting cabinets. Petitioner has applied and received approval for a financial subsidy from the European Regional Development Fund for...