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Workers Compensation Law

By Sarah Wells,2014-06-26 21:49
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Workers Compensation Law ...

State of New Jersey

    Department of Labor and Workforce Development

    Division of Workers’ Compensation

Workers’ Compensation Law

    Title 34, Chapter 15, Articles 1 to 10, Inclusive

    (R.S. 34:15-1 to R.S. 34:15-142)

    as amended and supplemented

    Jon S. Corzine

    Governor

    David J. Socolow

    Commissioner

    Peter J. Calderone

    Director and Chief Judge

    rev. date July 10, 2009

    1

FOREWORD

    This material is a compilation of the statutes and certain rules of court pertaining to the

    New Jersey Workers‘ Compensation Law. It is published for the information and use of the public. The official text of the statutes is to be found in the Revised Statutes of New

    Jersey and the annual editions of the Pamphlet Laws.

    While every effort has been made to ensure accuracy in the presentation of this material,

    errors of omission or commission contained herein may not be used as a basis for action

    against the Division of Workers‘ Compensation, the Department of Labor, the State of

    New Jersey or its employees, representatives or agents.

    Except through amendments and supplements to the statutes enacted since 1950,

    terminology referring to the Department of Labor and Industry, the Workmen‘s

    Compensation Bureau, etc., have been retained in the statutes and is reprinted herein. The

    following should be used in substituting the contemporary designations for those

    previously used.

    PRIOR REFERENCE CURRENT REFERENCE Department of Labor and Industry Department of Labor and Workforce

    Development

Department of Labor Department of Labor and Workforce

    Development

    Department of Banking and Insurance Department of Insurance

Commissioner of Labor and Industry Commissioner of Labor and Workforce

    Development

Commissioner of Labor Commissioner of Labor and Workforce

    Development

    Commissioner of Banking and Insurance Commissioner of Insurance

    Workmen‘s Compensation Bureau Division of Workers‘ Compensation

Director of the Workmen‘s Compensation Director of the Division of Workers‘

    Bureau Compensation

Secretary of the Workmen‘s Workers‘ Secretary of the Division of Compensation

    Compensation Bureau

    Deputy Commissioner of Workmen‘s Judge of Compensation Compensation

    Deputy Director of Workmen‘s Judge of Compensation Compensation

    rev. date July 10, 2009

    2

    WORKERS’ COMPENSATION

    Article 1. ACTIONS AT LAW.

    34:15-1. Employees‘ right to recover for negligent injury; willful negligence as

    defense; jury question.

    34:15-2. Defenses abolished.

    34:15-3. Contract not to bar liability.

    34:15-4. Death of employee.

    34:15-5. Burden of proof.

    34:15-6. Liens for legal services or disbursements.

    Article 2. ELECTIVE COMPENSATION. 34:15-7. Compensation by agreement; defenses, burden of proof.

    34:15-7.1. Horseplay or skylarking on part of fellow employee.

    34:15-7.2. Claim based on cardiovascular or cerebral vascular causes; preponderance

    of credible evidence of proof of cause by work effort. 34:15-7.3. Cardiovascular or cerebrovascular injury or death of police, fire, or

    emergency personnel in response to an emergency; presumption of

    compensability.

    34:15-8. Election surrender of other remedies.

    34:15-9. Presumption as to acceptance of elective compensation provisions.

    34:15-10. Employment of minors; extra compensation when illegally employed;

    exceptions.

    34:15-11. Termination of contract.

    35:15-12. Schedule of payments.

    34:15-12.1. Employees receiving subsistence payments from Veterans Administration;

    special benefits.

    34:15-12.2. Fund from which special benefit payable.

    34:15-12.3. Amount of special benefit.

    34:15-12.4. Application for special benefits; payment.

    rev. date July 10, 2009

    3

34:15-12.5. Retroactive effect.

    34:15-12.6. Period for making application.

    34:15-12.7. Damage to prosthetic devices, hearing aids, artificial members; dental

    appliances or eyeglasses; liability. 34:15-13. Death compensation for; computation and distribution. 34:15-14. Waiting period

    34:15-15. Medical and hospital service.

    34:15-15.1. Reimbursement of insurance company or others paying medical, surgical

    or hospital expenses. 34:15-15.2. Hospital service; care required; expenses 34:15-15.3. Motion by worker for emergent medical treatment. 34:15-15.4 Designation of contact person by carrier, self-insured employer. 34:15-16. Compensation to run consecutively; payment for compensation, medical

    treatment, etc, after termination of liability 34:15-17. Notification of employer.

    34:15-18. Service of notice; form; sufficiency.

    34:15-19. Examination of employee as to physical condition; X-rays. 34:15-20. Dispute; submission to division; order approving settlement. 34:15-21. Payments in case of death; to whom made; bond.

    34:15-22. Dispute; procedure; agreement no bar to determination on merits. 34:15-23. Refusal of medical and surgical treatment by employee. 34:15-24. Payment of whole award in trust.

    34:15-25. Commutation of award.

    34:15-26. Counsel fees.

    34:15-27. Modification of agreement; review of award, determination, rule for

    judgment or order approving settlement. 34:15-28. Interest on payments withheld.

    34:15-28.1. Delay or refusal in payment of temporary disability compensation; penalty.

    rev. date July 10, 2009

    4

34:15-28.2. Powers of Judges of Compensation

    34:15-28.3. Fines, Penalties, assessments, costs not included in expense base of insurer

34:15-28.4. Rules, regulations.

34:15-29. Compensation preferential lien; claim not assignable; set offs.

34:15-30. Occupational disease; compensation for death or injury; exception.

34:15-31. ―Compensable occupational disease‖ defined.

    34:15-32. Occupational disease; determining disability and amount of compensation 34:15-33. Notice to employer or insurance carrier of occupational disease.

    34:15-33.2. Effective date.

    34:15-33.3 Application to uninsured employer‘s fund for certain claims for exposure

    to asbestos.

    34:15-34. Time for claiming compensation for occupational disease.

    34:15-35. Provisions applicable to occupational diseases; claim for accident

    excluded.

    34:15-35.10. Occupational hearing loss.

    34;15-35.11. Definitions.

    34:15-35.12. Degree of hearing loss; determination of degree. 34:15-35.13. Liability for hearing loss; previous hearing loss; audiometric testing. 34:15-35.14. Administration of testing; fraud.

    34:15-35.15. Frequencies; evaluation of hearing loss.

    34:15-35.16. Hearing tests; instruments; test conditions. 34:15-35.17. Audiometric technician to perform hearing test; audiologic evaluation. 34:15-35.18. Compensation amount.

    34:15-35.19. Filing claims; time limitations.

    34:15-35.20. Time for filing claims; date of disability. 34:15-34.21. Award; use of hearing aids.

    34:15-35.22. Failure to use protective devices; compensation for hearing loss.

    rev. date July 10, 2009

    5

    Article 3. DEFINITIONS AND GENERAL PROVISIONS. 34:15-36. Definitions.

    34:15-37. Wages; computation.

    34:15-38. Method of calculating compensation for temporary disability. 34:15-39. Agreement and releases invalid.

    34:15-39.1. Unlawful discharge of, or discrimination against, employee claiming

    compensation benefits; penalty. 34:15-39.2. Additional penalty; summary recovery.

    34:15-39.3. Liability of employer for penalty.

    34:15-40. Liability of third party.

    34:15-41. Claims barred after two years.

    34:15-41.1. Claimant in country at war with United States or with which postal

    communications are suspended; limitations. 34:15-42. Constitutionality and construction.

    34:15-43. Compensation for injury in line of duty

    34:15-43.1 Public employment under plan of relief ―casual employment‖.

    34:15-43.2. Volunteer fire department members; respiratory diseases; presumption of

    occupational disease. 34:15-43.3. Time of development or fist manifestation of respiratory disease. 34:15-43.4. Park volunteers; eligibility for compensation for injury, death or both. 34:15-44. Names of public employees carried on payroll.

    34:15-45. Guardian‘s compromise of claim.

    34:15-46. Parent to act as guardian; release a complete discharge. 34:15-47. Blank

    34:15-48. Representative appointed for compensation beneficiary.

    Article 4. CLAIMS AND DETERMINATION THEREOF. 34:15-49. Original jurisdiction of claims; salaries of director and judges;

    qualifications of judges.

    rev. date July 10, 2009

    6

    34:15-49.1. Judges of compensation; appointment of referees with service over 10

    years; compensation.

    34:15-49.2. Inapplicability of mandatory retirement for workers' compensation judges,

    certain

    34:15-49.3. Workers' compensation judges permitted to work beyond age 70 34:15-50. Approval and filing of agreement.

    34:15-51. Claimant required to file petition within two years; contents; minors.

    34:15-52. Copy of petition served on employer; answer required

    34:15-53. Time, place and notice of hearing; adjournment.

    34:15-54. Dismissal of petition; notice; reinstatement.

    34:15-54.1. Referee‘s powers as to dismissal of petitions for want of prosecution and

    reinstatement; discontinuances. 34:15-55. Service of papers.

    34:15-55.1. Secretary of workmen‘s compensation bureau as agent for service of

    process on nonresidents; method and effect of service; continuances. 34:15-56. Rules of evidence.

    34:15-57. Summary hearing; power to modify and commute award, determination

    and rule for judgment or order approving settlement. 34:15-57.1. Reimbursement of benefits paid under Temporary Disability Benefits Law. 34:15-57.2. Inquiry as to other payments received before paying compensation; proof

    of amounts paid.

    34:15-57.3. Effective date.

    34:15-57.4 Workers‘ compensation fraud; criminal and civil penalties.

    34:15-58. Decision, award, determination and rule for judgment or order approving

    settlement and statement to be filed; receipts; bar. 34:15-59. Docket; records.

    34:15-60. Subpoenas; witness fees; punishment for misconduct.

    34:15-61. Administering oaths; perjury.

    34:15-62. Public hearings.

    34:15-63. No filing fees.

    rev. date July 10, 2009

    7

34:15-64. Rules and regulations; witness fees; attorney fees; costs.

    34:15-65. Deposition of absent witness.

    34:15-66. Appeal; cost.

    34:15-66.1. Judgment docketed; execution; supplementary proceedings.

    34:15-67. Repealed by P.L. 1953, c.33, p.599, ?59.

    34:15-68. Physical examination of employee.

    34:15-69. Copy of judgment to be filed with director.

    Article 4A. RELIEF FROM LIABILITY FOR AWARDS. 34:15-69.1. Discontinuance or sale of business; discharge of employer from further

    liability; assumption of obligations by third party. 34:15-69.2. Other discharging employer; filing; effect as to third party assuming

    obligations.

    34:15-69.3. Applicability of provisions of Title to third party assuming obligations. 34:15-70. Short title.

    34:15-71. Employer‘s obligation to injured employee.

    34:15-72. Employers not electing benefits of compensation law required to insure.

    34:15-73. Proof of compliance.

    34:15-74. Compensation insurance by governing body and fire district committee for

    volunteer reserve or auxiliary policemen, firemen and first aid and

    emergency squad workers.

    34:15-74.1. Compensation insurance by volunteer fire company for volunteer firemen

    and volunteer first aid or rescue squad workers. 34:15-74.2. Compensation insurance by board of education for members of board. 34:15-75. Volunteer firemen, county fire marshals, volunteer first aid or rescue

    squad workers, volunteer drivers of ambulances, forest fire wardens or

    fighters, members of boards of education, and volunteer special, reserve or

    auxiliary policemen; basis of compensation. 34:15-76. Payments; laws governing; premium paid from tax levy.

    34:15-77. Employer carrying own insurance.

    34:15-77.1 Hospitals; group self-insurance; conditions.

    rev. date July 10, 2009

    8

    34:15-77.2. Liability for compensation prescribed by Title 34; bankruptcy of

    participating employer. 34:15-77.3. Addition or termination of participating employers; notice. 34:15-77.4. Termination of plan; surety bond; insurance policy. 34:15-77.5. Financial statement; description of service organizations. 34:15-77.6. Annual examination.

    34:15-77.7. Denial of application or revocation of consent. 34:15-77.8. Rules and regulations.

    34:15-78. Insurance in stock or mutual company; notice filed by company; domestic

    help excluded.

    Article 5. COMPULSORY INSURANCE.

    34:15-79. Penalties for failure to carry insurance.

    34:15-79.1. Proof of workers’ compensation coverage required with certain annual

    reports of employers. 34:15-80. Notices of insurance posted.

    34:15-81. Cancellation of contract; notice.

    34:15-82. Liability for injuries or death.

    34:15-83. Insurance contract for benefit of employees and dependents. 34:15-84. Enforcement of provisions.

    34:15-85. Knowledge of injury; jurisdiction.

    34:15-86. Insurance carrier directly liable.

    34:15-87. Limitations and restrictions on liability.

    34:15-88. Classification of risks, rates, schedules and rules; approval by insurance

    commissioner. 34:15-89. Repealed on October 1, 2008 by L. 2008, c. 97, ? 3

    34:15-89.1. Notification to mutual associations, stock companies of requirements of

    employer ID numbers. 34:15-90. Repealed on October 1, 2008 by L. 2008, c. 97, ? 3 34:15-90.1. Compensation Rating and Inspection Bureau continued; directors,

    appointment, terms.

    rev. date July 10, 2009

    9

    34:15-90.2 Authority of Compensation Rating and Inspection Bureau. 34:15-90.3. Effective Date

    34:15-91. Actuary and additional assistants in insurance department.

    34:15-92. Domestic help excepted.

    34:15-92.1. Other exceptions.

    34:15-93. Expense of enforcement; payments by insurers.

    34:15-94. Annual surcharge upon all policyholders and self-insured employers;

    annual report of total compensation payments and earned premiums;

    apportionment, determination and collection of surcharges; penalties; use

    of funds.

    34:15-95. Second injury fund; compensation payments for subsequent permanent

    injuries; persons eligible; time for payments; costs of administration,

    expenses, etc.; accounting to state treasurer. 34:15-95.1. Application for benefits; review; Commissioner of Labor as Party. 34:15-95.2. Vested rights.

    34:15-95.3. Application of chapter; exemption of mutual agricultural insurance

    companies.

    34:15-95.4. Special adjustment benefit payment; dependent benefits; payment period;

    amount; supplement. 34:15-95.5. Reduction of disability benefits for persons under age sixty-two; exception.

    Article 6. REPORTS BY EMPLOYER AND INSURERS. 34:15-96. Reports of accident.

    34:15-97. Report by employer not carrying insurance. Repealed on January 5, 2002

    by L. 2001, c. 326, ? 10. 34:15-98. Report by insurance carrier.

    34:15-99. Report not made public.

    34:15-100. Medical reports.

    34:15-101. Penalty for noncompliance.

    34:15-102. Rules and regulations; agreements filed.

    Article 7. INSOLVENT INSURANCE CARRIERS; SECURITY FUNDS.

    rev. date July 10, 2009

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