Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Claim petitions shall be subject to the following:
1. The claim petition may be filed
electronically or on paper.
2.
Claim petitions filed on paper shall be verified by the claimant and include
the date of the signature and verification. The formal hearing process shall be
initiated by the filing of a verified claim petition in duplicate with the
central office of the Division within the time prescribed by law on a form
prescribed by the Division. Claim petitions filed electronically shall follow
the procedures in (c) below. If an attorney for the petitioner knowingly files
an incomplete or inaccurate petition any fee that may be awarded, may be
reduced by 15 percent or $ 200.00, whichever is greater.
3. Except as provided in section (a)2 above,
all paper pleadings, motions and briefs shall be signed by the attorney of
record, or the attorney's associate or by the party if pro se. Signatures of a
firm may be typed, followed by the signature of an attorney of the firm.
Signatures on any duplicate original or carbon copy required to be filed may be
typed. Every paper to be filed shall bear the date on which it was
signed.
4. The signature of an
attorney or party pro se constitutes a certification that the signatory has
read the pleading or motion; that to the best of the signatory's knowledge,
information and belief there is good ground to support it.
5. Material allegations, if known, shall be
stated. Material allegations include a description of the accident or
occupational exposure, the nature of the injury, the date and place of the
occurrence, the wage, compensation benefits provided to date, a description of
all other claims made for this injury and all other information requested on
the prescribed form.
6. Claim
petitions by or on behalf of a worker seeking compensation for injury caused by
an accident shall describe the date, place and description of the accident, the
injury, the name and address of the employer, the name and address of the
treating provider, the name of the compensation insurer and all other pertinent
information required by the Act and these rules.
7. Claim petitions filed by dependents for
benefits provided by
N.J.S.A.
34:15-13 shall set forth the identity,
address, relationship and date of birth of all dependents, the social security
number of the decedent, the date and cause of death, whether compensation
benefits were paid or claimed during the deceased's lifetime, and the type and
amount of benefits claimed. To the extent applicable, the petitioner shall
comply with the information required for accidental injury claims or
occupational disease claims. Multiple claims arising from one decedent shall be
consolidated for disposition.
8.
All known multiple occupational claims by a worker or dependent against the
same respondent employer shall be joined in one petition. Claim petitions for
occupational disease as defined by
N.J.S.A.
34:15-31 which are filed on behalf of a
worker shall describe the dates, place and description of the exposure and the
injury or illness claimed to have occurred as a result of the exposure. The
occupational disease petition shall include the name and address of the
employer(s) and the identity of its compensation insurer for the pertinent
period of time as well as all other information required in filing a claim
petition required by this section. The Division shall notify all parties of
disposition.
9. Vague or evasive
pleadings may be stricken or a claim petition dismissed without prejudice on
motion brought by a party or the Judge of Compensation on notice. Claim
petitions which merely describe the injury or illness by generic definition,
such as orthopedic, internal, neuropsychiatric or similar terms without
description of the particular injury shall be considered vague or
evasive.
(b) Answers to
a claim petition may be filed electronically or on paper subject to the
following:
1. The answer of the respondent to
a claim petition shall be on a form prescribed by the Division and shall, if
known, contain the following:
i. The name and
address of the respondent's attorney;
ii. The name and address of the
carrier;
iii. The carrier's claim
number;
iv. The employer's State
registration number;
v. An
admission or denial of employment;
vi. An admission or denial if accident or
illness arose out of and in the course of employment;
x. Temporary disability paid, if any;
and
xi. An admission or denial of
jurisdiction.
2. The
answer shall be filed with the office to which the claim is assigned within 30
days of the date of service of the petition except for good cause shown. The
answer may be prepared by the attorney for the respondent based upon knowledge,
information or belief and shall be regarded as his or her certification of its
contents without the necessity of an affidavit.
i. If the answer is filed on paper, it shall
be filed with the office to which the claim is assigned. A copy of the answer
shall be forwarded to the petitioner's attorney by first class mail, or its
equivalent.
ii. If an answer is
filed electronically with the Division and the petitioner's attorney is a duly
authorized electronic filer with the Division, the Division shall cause the
answer to be forwarded to the petitioner's attorney in electronic format which
will constitute service under the rules.
iii. If an answer is filed electronically
with the Division and the petitioner's attorney is not a duly authorized
electronic filer with the Division, the respondent's attorney shall serve a
copy of the answer on paper with the petitioner's attorney by first class mail,
or its equivalent.
3. If
the answer is not filed as specified in (b)1 and 2 above, the Judge of
Compensation to whom the case is assigned may, on motion, either suppress the
defenses and permit the petitioner to prove his or her case, or permit the
filing of the answer on such terms as may be fixed in the discretion or the
Judge of Compensation.
4. If the
respondent knowingly files an incomplete or inaccurate answer or unnecessarily
delays filing an answer, such circumstances shall be considered in the
apportionment of any counsel fee awarded.
5. Answers which put petitioner to proofs
without conforming with (b)1 and 2 above may be stricken and subject to the
penalties pursuant to
N.J.A.C.
12:235-3.1 4.
(c) Petitions and answers filed
electronically shall be accepted by the Division in lieu of paper pleadings
provided:
1. The filer is an attorney
licensed in the State of New Jersey and duly authorized by the Division to file
pleadings electronically.
2. The
filer submits the pleading in the format approved by the Division.
3. The filer makes an identical paper copy of
the electronically submitted pleading and obtains thereon a verification by
oath, affirmation or certification of the petitioner or respondent, as
applicable, as to the accuracy of the information set forth therein.
4. The filer shall retain, as an officer of
the court, the duly verified pleading and shall make available to the Division
and/or his or her adversary upon request.
5. Failure to maintain the paper copy of said
pleadings and make it available within a reasonable time upon proper request
shall constitute grounds for the revocation of the privilege of electronic
filing in addition to whatever other sanction may be deemed appropriate under
the law.
(d) Upon
receipt of an electronically filed pleading, the Division shall send an
electronic copy of same to the insurance carrier, third party administrator or
designated legal representative of the respondent provided that the insurance
carrier, third party administrator or designated legal representative has
requested to be and has been approved by the Division to receive such
pleadings. Notification of the electronic pleading to the electronic address of
the approved recipient shall constitute valid service of process.
(e) Claim petitions filed electronically
where the insurance carrier, third party administrator or designated legal
representative is not approved to receive service of an electronic pleading
shall be sent by the Division to the addressee specified in the claim petition,
by regular mail together with a request for Acknowledgment of Service in
accordance with
N.J.S.A.
34:15-51 and
34:15-52. Answers shall likewise
be submitted by regular mail in accordance with (b)2i above.
(f) Claim petitions will be assigned in the
following priority order: the vicinage for the county where the petitioner
resides; the vicinage for the county where the respondent is situated; or the
vicinage for the county where the accident or exposure occurred.
(g) A copy of the claim petition shall be
forwarded by the Division to the respondent either electronically for
electronic filers, by regular mail, or by registered mail return receipt
requested if served pursuant to
N.J.S.A.
34:15-55.1. Where a motion for default has
been filed, the petitioner must provide proof that the claim petition and
motion for default have also been served personally on the respondent, its
agents, and/or corporate officers as applicable, pursuant to R. 4:4-4 of the
New Jersey Rules of Court.
