The New Jersey Appellate Division held that N.J.S.A. 34:15- 95.5 does not require a triennial redetermination cost of living adjustment for individuals who are found to be totally and permanently disabled. The petitioners were required to reimburse the Second Injury Fund because they received benefits under workers’ compensation and social security disability in excess of 80 percent of their average current monthly earnings. To avoid reimbursement, the petitioners sought to adjust those average earnings upward, either by a cost-of-living increase or a regular redetermination of benefits. The Appellate Division held that New Jersey law does not allow for such upward adjustments.
