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Archive for March 2012

12:235-3.2 General Motions for temporary disability and/or medical benefits

(a)        In all motions by the petitioner for temporary disability or medical benefits, the original notice of motion shall be filed with the district office to which the case is assigned and a copy of the notice of motion and claim petition served by certified mail or personal service on the attorneys of record. If the attorney of record is unknown, then service shall be made by certified mail on the respondent(s) and its carrier(s). If it is a new claim petition and it is a claim petition filed on paper, then the notice of motion shall also be filed with the central office. Motions for temporary disability and/or medical benefits must evidence that petitioner is currently temporarily totally disabled and/or in need of current medical treatment. Where only past periods of temporary total disability and/or medical expenses are claimed by petitioner, such issues should be presented at pretrial for resolution or trial and not by motion under this section.

(b)       The notice of motion for temporary disability or medical benefits shall be on a form prescribed by the Division and shall contain:

1.         A detailed account of compensable lost time claimed by the petitioner, indicating any period paid by the respondent;

2.         Affidavits or certifications made in personal knowledge by the petitioner or the petitioner’s attorney, as well as the report(s) of a physician(s) stating the medical diagnosis and the specific type of diagnostic study, referral to specialist, or treatment being sought, and, if available, an itemized bill and report of the treating physicians or institutions or both for which services past, present and future, petitioner is seeking payment and such other evidence as shall relate to the petitioner’s claim for temporary disability and/or medical treatment; and

3.         If the petitioner, having received treatment, cannot secure a report of the medical provider authorized by the respondent, it shall be set forth in the affidavit in lieu of the physician’s report.

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12:235-4.1 Purpose of informal hearings

(a)        The informal hearing process is a service provided by the Division to effectuate the amicable adjustment of controversies between injured workers and their employers involving their respective rights under the Act.

(b)       The informal hearing procedure is not expressly contained within the provisions of the Act.

(c)        The filing of an application for an informal hearing will not toll the time limitation periods for the filing of a formal claim petition or a dependency claim petition as provided by the Act.

John F. Renner is an experienced New Jersey workers compensation lawyer.


12:235-3.12    Conduct of formal hearings

(e)         Trials shall commence and continue in a timely manner subject to scheduling constraints of the Division. Said scheduling may be accelerated as ordered by the Director, the Supervising Judge of the vicinage or the Judge of Compensation to whom the case has been assigned. A Judge shall issue a preemptory trial scheduling order for all cases that have been listed as a partial trial for six months.

1.        Except in situations where there is no material dispute of fact, issues shall not be decided until all sides have had the opportunity to provide full proofs based upon, but not limited to, oral testimony, affidavits and other proofs as stipulated by the parties or required by the judge.

2.         Except where the judge for good cause directs otherwise, the order of proofs at trial shall be:

i.          Appearances;

ii.         Stipulated facts;

iii.        Rulings on motions including motions to modify order of


iv.        Opening Statements;

v.         Testimony of petitioner;

vi.        Testimony of petitioner’s lay witnesses;

vii.       Testimony of respondent’s lay witnesses;

viii.      Testimony of petitioner’s non-medical expert witnesses;

ix.        Testimony of respondent’s non-medical expert witnesses;

x.         Testimony of treating medical experts;

xi.        Testimony of petitioner’s medical experts unless testimony

waived and reports submitted into evidence;

xii.       Testimony of respondent’s medical experts unless testimony waived and reports submitted into evidence;

xiii.      Ruling on motions at the conclusion of testimony including

motions to call additional witnesses upon a showing of good  cause;

xiv.      Closing statements;

xv.       Post trial briefs.

3.         Bifurcation of any trial may be permitted by the Judge to whom the case is assigned. The order of proof shall be determined by the Judge of Compensation.

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