First responders group to Statewide Insurance


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THE FOLLOWING IN BRACKETS IS THE COMMITTEE/TEAM’S ANSWER TO THE STATEWIDE INSURANCE FUND RESPONSE TO THE TOWNSHIP JOURNAL (www.townshipjournal.com/apps/pbcs.dll/article?AID=/20170803/NEWS01/170809983/Statewide-Insurance-Fund-responds-to-first-responders-group)

[Overview: Upon thorough review of the Statewide Insurance Fund response below, it is clear that the intent of the legislature in 1985 when the First Responder Workmen’s Compensation Law (C.34:15-7.3) was enacted has been totally ignored by the insurance industry, legal community and the judiciary assigned to apply said law. It is apparent that the Statewide writer has never seen the Legislative Intent as below. From other feedback on record, state officials, lawyers and possibly even judges have never seen the documented legislative intent.

Legislative intent is important to our separation of powers in government. By ignoring legislative intent, the executive branch and the judiciary ‘legislate’. They are to use legislative intent to apply laws passed by the legislature and signed by the governor. Not following legislative intent interferes with the function of tripartite government checks and balances eviscerating the legislature.

Legislative Language and Intent: The Legislative Intent/Summary of C.34:15-7.3 reads as follows: “This bill (now law) relieves firefighters, police officers, and rescue, first aid, and ambulance squad volunteers or their beneficiaries, from the burden of proving that their cardiovascular and cerebral vascular injuries or deaths are directly and specifically related to their actions in the line of duty before these injuries or deaths can be deemed compensable under the workmen’s compensation act.” C.34:15-7.3. “There shall be a rebuttable presumption that the injury or death is compensable.”

Although essential to the application of C.34:15-7.3, the Statewide writer uses the word “presumption” only once in the entire response memo. Another inconvenient truth.

The Committee for Justice for Bill and Scott]

The complete response can be found here:

www.spartaindependent.com/apps/pbcs.dll/article?AID=/20170808/OPINION03/170809962/-1/OPINION/First-responders-group-answers-Statewide-Insurance-Fund
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