Current through Register Vol. 56, No. 24, December 18, 2024
(a) In
addition to the items specified at
N.J.A.C.
12:235-7.3 for certification to the UEF, the
petitioner shall, in asbestos exposure claims under
N.J.A.C.
12:235-7.8 provide the following as part of
such certification:
1. Identification of all
third-party actions or latent disease claims filed by or on behalf of the
employee based upon exposure(s) to asbestos, including the names of the
defendants and the courts in which such actions are pending or were
concluded;
2. Date of manifestation
of the employee's asbestosis or asbestos-induced cancer;
3. Date of discovery, disclosure or diagnosis
of the employee's asbestosis or asbestos-induced cancer and its relation to the
ability of the employee to work;
4.
Rate of progression of the employee's asbestosis or asbestos-induced
cancer;
5. Date(s) the employee was
impaired or unable to work as a result of the asbestosis or asbestos-induced
cancer;
6. Date(s) of any lost time
for medical treatments related to asbestosis or asbestos-induced
cancer;
7. Nature of pre-existing
pulmonary conditions, cancer-related conditions, exposure to any other
chemicals, and/or smoking history;
8. Medical basis for concluding that there is
a causal relationship between the employee's work and the employee's asbestosis
or asbestos-induced cancer;
9.
Medical conditions pre-existing the alleged exposure(s) to asbestos, including
the nature of the pre-existing condition(s), the date(s) and type(s) or medical
treatment received, and the names and addresses of all medical practitioners
and providers involved in the diagnosis and treatment of such
condition(s);
10. Details of
efforts made under the provisions of
N.J.A.C.
12:235-7.8(b);
11. Dates and nature of employment during
which the employee was exposed to asbestos or during which the employee was
exposed to conditions which aggravated or contributed to the asbestosis or
asbestos-induced cancer. Such information should include, but not be limited
to, any environmental information and data giving evidence of the level of
exposure to asbestos and how such levels exceeded those encountered in the
general environment; and
12. Nature
and extent of any future treatment for the employee's asbestosis or
asbestos-induced cancer.
(b) If any of these items of information are
not provided to the UEF, the petitioner or the petitioner's attorney shall
indicate that a request or search has established that such item or information
is not available. The UEF may require such additional information and searches
that are necessary and reasonable for review of the application.
(c) In addition to the information required
under the provisions of this rule in (a) above and under
N.J.A.C.
12:235-7.3, the petitioner shall provide the
UEF with all medical records and information related to the asbestos exposure
claim.
