CP# 2011-18325(2010). CAMDEN DISTRICT JOSE SOTO.

• Court: New Jersey

New Jersey Workers Compensation 2012. CP# 2011-18325(2010). CAMDEN DISTRICT JOSE SOTO CP# 2011-18325 Soto vs. Herr's Foods, Inc.NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATIONCAMDEN DISTRICT JOSE SOTO v. BENCH DECISION ON MOTION HERR'S FOODS, INC. RespondentPetitioner C.P. 2011-18325SEPTEMBER 7, 2012 BEFORE: HONORABLE EMILLE R. COX Supervising Judge of CompensationAPPEARANCES: STARK and STARK, ESQS. BY: MARCI JORDAN, ESQ. ALFRED P. VITARELLI, ESQ. Attorneys for the Petitioner BRESSLER, AMERY and ROSS, P.C. BY: SEAN CALLAHAN, ESQ. (MICHAEL MORRIS, Legal Assistant) Attorneys for the Respondent This is the matter of Jose Soto v. Herr's Foods, Incorporated, Claim Petition 2011-18325. On June 15th, 2012 we had oral argument on a Motion for Temporary Disability Benefits, in this case supplemental temporary disability benefits, which has been requested by Counsel for Petitioner. For today's purposes, Counsel, your appearances please.

MR. VITARELLI: Al Viterelli, Stark and Stark, on behalf of Jose Soto.

MR. MORRIS: Michael Morris, Bressler, Amery and Ross, Legal Assistant to Sean Callahan.

THE JUDGE: Thank you. Be seated, please.

Today I am going to be rendering my decision in this matter. The facts in this case are not complicated. The Petitioner suffered a work-related knee injury on January 29th, 2011. It was an accepted accident. Respondent admitted compensability. Petitioner underwent two authorized surgical procedures. On February 20th, 2011 he had left knee arthroscopy, subacromial synovectomy, partial meniscectomy and chondroplasty. On December 7th, 2011 he underwent another arthroscopy with debridement. In January 2012 the authorized treating physician released the Petitioner to return to work light duty. To quote from the doctor's report: I would like to start light duty and see if we can get him back to work, sedentary, four hours a day, and progress to eight hours. At the time of his injury Petitioner earned a salary of $976.15 on average per week. This entitled the Petitioner to a temporary disability rate of $683.31 per week. Because of his reduced light duty hours, Petitioner's net pay totaled $329.43 per week, less than half of the statutory minimum of $683.31 per week to which Petitioner is entitled. Petitioner requested that Respondent...