GARY STREEPER v. STATE OF NEW JERSEY (DIVISION OF WORKERS' COMPENSATION), A-1625-19

Background

Petitioner Gary Streeper injured his right knee at work in 2003 (C.P. 05-11028); the claim was accepted and a settlement judgment was entered in 2008.
Streeper later received additional authorized medical treatment, including a right knee replacement; last temporary compensation paid April 8, 2011 and last medical payment February 1, 2012.
On July 24, 2019 Streeper filed an application to review/modify the 2003 award, alleging his condition worsened; the State moved to dismiss as untimely under the two-year limit in N.J.S.A. 34:15-27.
Streeper contended equitable relief was available: the judge could reopen the 2003 judgment for mistake or amend a November 25, 2013 application (filed under a different petition number, 02-7846, for a 2000 injury) to include the 2003 claim because the Division and insurer had administratively treated both injuries together.
The judge of compensation dismissed the 2019 filing as beyond the two-year statutory window and concluded she lacked authority to amend the 2013 application or relax the statute.
The Appellate Division vacated and remanded, holding the judge should consider whether, under established exceptions and equitable principles, reopening or amendment is warranted given the facts and equities.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the two-year statutory limit in N.J.S.A. 34:15-27 is jurisdictional such that the court cannot entertain the 2019 application.	Streeper acknowledged lateness but argued the court can relax time limits in the interest of justice or reopen judgments to correct mistake.	The State argued the two-year limit is jurisdictional and bars review; court lacks authority to hear untimely claims.	The court reaffirmed the statute is generally jurisdictional but held the judge erred by refusing to consider equitable exceptions and must reassess on remand.
Whether the compensation court may reopen a prior judgment to correct counsel/administrative mistake.	Streeper argued the court has inherent power to reopen judgments for mistake, inadvertence, or other equitable grounds (citing precedents).	The State disputed relief based on the statutory time bar and did not dispute that treatment was provided under a single claim number.	The court held precedent (Hyman/Camp) permits reopening to correct a mistake and remanded for fact-specific equitable inquiry.
Whether the judge could amend a timely 2013 petition (filed under the 2000 claim) to include the 2003 claim based on administrative consolidation and counsel's reasonable belief.	Streeper urged amendment was appropriate because Division/insurer treated the claims as consolidated and counsel reasonably believed the 2013 filing covered both injuries.	The State relied on the face of the 2013 petition (which only referenced the 2000 injury) and the statutory deadline.	The court said amendment may be permissible in exceptional circumstances and remanded to resolve disputed facts and equities before ruling.

Key Cases Cited

Bey v. Truss Sys., Inc., 360 N.J. Super. 324 (App. Div. 2003) (two-year limit in N.J.S.A. 34:15-27 is generally jurisdictional)
Hyman v. Essex Cty. Carpet Cleaning Co., 157 N.J. Super. 510 (App. Div. 1978) (Division has inherent power to reopen judgments for mistake or equitable grounds)
Camp v. Lockheed Elec., Inc., 178 N.J. Super. 535 (App. Div. 1981) (court may relax statutory time limits in exceptional circumstances to effectuate remedial purposes)
Barr v. Pascack Valley Hosp., 155 N.J. Super. 504 (App. Div. 1978) (permits departure from literal statutory time limits when equities and remedial purpose demand)
Paul v. Baltimore Upholstering Co., 66 N.J. 111 (1974) (principles on construing remedial statutes and allowing equitable relief)
Lindquist v. City of Jersey City Fire Dep't, 175 N.J. 244 (2003) (standard of appellate review for factual findings)