New Jersey Administrative Code

When it appears that certain cases cannot be resolved at the first hearing, due to lack of notice or knowledge of any injury, incomplete reports, or for any good cause, the Judge of Compensation shall be promptly informed so that the Judge may have an opportunity to notify the pa…

§ 12:235-4.18 - Reserved Notes N.J. Admin. Code § 12:235-4.18

(a) The informal process is initiated by the filing of an application in duplicate with the Division. (b) The filing for informal hearing may be made by any party of interest including the injured worker, petitioner's attorney, the employer, the employer's representative or insur…

(a) The application for an informal hearing shall contain: 1. The worker's name, address, age, and social security number; 2. The employer's name and address; 3. The name of the employer's insurance carrier, if any; 4. The date of the accident; 5. A brief description of how the a…

(a) Upon receipt of the completed application the Division shall schedule the matter as soon as practicable. (b) The Division shall give written notice of the time, place and name of the assigned Judge of Compensation to all parties involved in the controversy. In addition, the D…

The worker's attorney, employer, insurance carrier, or self-insured shall provide sufficient personnel to insure prompt attendance at the scheduled time and place of the hearing to expeditiously handle all listed cases. Notes N.J. Admin. Code § 12:235-4.5 Recodified from N.J.A.C.…

An employer or carrier shall be represented by an individual expressly empowered with authority to act on its behalf to agree or disagree with the recommendations made by the Judge of Compensation at the time of the hearing. Notes N.J. Admin. Code § 12:235-4.6 Amended by R.1991 d…

(a) Each employer, carrier, or self-insured shall submit to the Director for distribution to all Judges of Compensation a list of each individual who will represent them at informal hearings. (b) Each employer, carrier, or self-insured shall indicate that such individuals shall h…

Only an attorney at law licensed to practice in the State of New Jersey shall act as an attorney for a worker in any informal hearing. Notes N.J. Admin. Code § 12:235-4.8 Recodified from N.J.A.C. 12:235-6.8 and amended by R.2002 d.340, effective 10/21/2002. See: 34 New Jersey Reg…

Where it is brought to the attention of the Judge of Compensation that the employer has failed to comply with N.J.S.A. 34:15-71, written notice of such violation shall be given to the Director for appropriate action. Notes N.J. Admin. Code § 12:235-4.9 Amended by R.1991 d.466, ef…

(a) Upon the filing of a verified petition for Second Injury Fund (Fund) benefits a settlement conference shall be scheduled before a Judge of Compensation where representatives of the employee, employer(s) and the Fund are noticed to attend. 1. The settlement conference may be a…

(a) Upon approval of an application for benefits from the Fund, the Judge of Compensation shall enter an order requiring payment from the Fund from the date when the final payment of compensation by the employer is or was payable for the last compensable injury following which th…

(a) The verified petition for benefits shall be filed in accordance with N.J.S.A. 34:15-95.1 and shall include a succinct and accurate description of all medical, legal and factual basis upon which the petitioner alleges eligibility for Fund benefits pursuant to N.J.S.A. 34:15-95…

(a) All applications for commutation of compensation payments pursuant to N.J.S.A. 34:15-25 shall be filed with the Director. (b) Applications for commutation of compensation shall be made only after the entry of an award. Notes N.J. Admin. Code § 12:235-6.1 Amended by R.1991 d.4…

(a) The application for commutation shall be made on a form prescribed by the Division which shall include: 1. The applicant's name, address, and social security number; 2. The name and address of the employer; 3. The name, address, and file number of the employer's insurance car…

(a) Upon receipt of the application for commutation, the matter shall be forwarded for hearing to the Judge of Compensation who entered the award which is sought to be commuted. 1. If that Judge is not available, then any Judge in the vicinage may hear the application. (b) After …

(a) The Uninsured Employer's Fund (UEF) has been established pursuant to N.J.S.A. 34:15-120.1 to provide for the payment of certain awards of medical and temporary benefits entered against uninsured defaulting employers. This subchapter sets forth the procedures by which the UEF …

(a) Petitioner or petitioner's attorney shall contact the Compensation Rating and Inspection Bureau for coverage information in writing within 30 days after the petitioner or the petitioner's attorney knew or should have known that the employer was uninsured or has received confi…

(a) Petitioner shall submit a certification when filing a motion for an uninsured claim. The certification shall be specific, and shall contain the following information if known or available to the petitioner and should be supplemented as such information becomes known or availa…

(a) Any medical bills or charges for which petitioner seeks payment from the UEF must be timely submitted by the petitioner to the UEF and be supported by the following: 1. Related treating records, itemized bills and a physician's report, which reflects that the bills and charge…

(a) The Director shall sign the UEF cases for hearing. (b) The Director shall establish the vicinages in which the cases shall be heard. (c) The Director shall establish the hearing dates and schedules for all uninsured employer cases. Notes N.J. Admin. Code § 12:235-7.5 Amended …

(a) Payments from the UEF shall be made only in accordance with N.J.S.A. 34:15-120.4. 1. The UEF shall not reimburse governmental agencies for benefits paid to or on behalf of the petitioner except for benefits or expenses conditionally paid under the New Jersey Temporary Disabil…

(a) An attorney fee may be payable from the UEF to the petitioner's attorney when the petitioner is found eligible for UEF benefits by the Commissioner and shall exclude any fees awarded in association with permanent disability benefits. (b) An attorney shall make an application …

(a) After due diligence, as defined in (b) below, an application may be filed with the UEF for compensation for asbestosis or asbestos-induced cancer, including mesothelioma, resulting in injury or death from exposure to asbestos where: 1. The workers' compensation insurance carr…

(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 dise…

All complaints alleging discrimination pursuant to N.J.S.A. 34:15-39.1 shall be filed with the Director. Notes N.J. Admin. Code § 12:235-8.1 Amended by R.1991 d.466, effective 9/3/1991. See: 23 New Jersey Register 1759(a), 23 New Jersey Register 2642(a). Stylistic changes.…

(a) The complaint alleging discrimination shall be under the oath or affirmation of the complainant, and shall be on a form prescribed by the Division. (b) The complaint alleging discrimination shall include the following:1. Complainant's name, address, Social Security number, an…

The complaint for discrimination shall include, or have attached thereto, all documents upon which the complainant is relying on in the application. Notes N.J. Admin. Code § 12:235-8.3 Amended by R.1991 d.466, effective 9/3/1991. See: 23 New Jersey Register 1759(a), 23 New Jersey…

(a) Subject to the discretion of the Commissioner of Labor, the Director/Chief Judge shall supervise the investigation and review of discrimination complaints filed under N.J.S.A. 34:15-39.1. (b) No discrimination complaint shall be accepted by the Division of Workers' Compensati…

It shall be within the sole discretion of the Director to assign judges throughout the State as he or she shall deem appropriate for the effective administration of the Division. Notes N.J. Admin. Code § 12:235-9.1 New Rule, R.1997 d.110, effective 3/3/1997. See: 28 New Jersey Re…

(a) It shall be within the power of the Director to ascertain the need to assign Judges to supervisory positions and exercise the administrative duties as set forth in this chapter for the districts the Director may designate. (b) The Director may at his or her discretion: 1. Det…

(a) The Supervising Judge of a particular district shall be directly responsible for the general conduct and performance of each Judge of Compensation in that district. The Supervising Judge shall be prepared to give a periodic performance evaluation of each Judge at the request …

(a) The purpose of this subchapter is to set forth the causes and conditions which constitute grounds for debarment and to notify individuals of the Departmental policies and procedures concerning debarment. (b) The provisions of this subchapter shall be applicable to all persons…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Commissioner" means the Commissioner of the Department of Labor and Workforce Development or his or her designee. "Contracting" means an…

(a) The Commissioner may debar a person from contracting with the Department or any agency within the control or jurisdiction of the Department for a definitely stated period of time for the violation of any labor law including but not limited to wage and hour, minimum wage, disc…

(a) When the Department seeks to debar a person, the person or persons shall be furnished with a written notice stating:1. That debarment is being considered; 2. The specific details concerning the violations; and 3. That the person shall have the right to a hearing upon written …

The Department shall provide the State Treasurer with the names of all persons debarred and the effective date and period of debarment, if any. Notes N.J. Admin. Code § 12:3-1.5

(a) No contractor shall pay, offer to pay, or agree to pay, either directly or indirectly, any fee, commission, compensation, gift, gratuity, or other thing of value of any kind to any State officer or employee or special State officer or employee, as defined by N.J.S.A. 52:13D-1…

(a) These rules establish procedures to resolve complaints concerning the placement or use of Work First New Jersey (Work First) and the Food Stamp Employment and Training Program (FSETP) participants in the Community Work Experience Program (CWEP) and Alternative Work Experience…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Assistant Commissioner" means the Assistant Commissioner of Workforce Development within the New Jersey Department of Labor and Workforce D…

Notes N.J. Admin. Code § 12:35-1.3 Amended by R.1985 d.404, effective 8/5/1985. See: 17 New Jersey Register 1048(a), 17 New Jersey Register 1896(a). Amended (a); added (b), (c), (d). Amended by R.1990 d.396, effective 8/6/1990. See: 22 New Jersey Register 1430(a), 22 New Jersey R…

Notes N.J. Admin. Code § 12:35-1.4 Amended by R.1985, d.404, effective 8/5/1985. See: 17 New Jersey Register 1048(a), 17 New Jersey Register 1896(a). Amended (a) and (b); added (c), (d), (e). Amended by R.1990, d.396, effective 8/6/1990. See: 22 New Jersey Register 1430(a), 22 Ne…

Notes N.J. Admin. Code § 12:35-1.5 Amended by R.1985, d.404, effective 8/5/1985. See: 17 New Jersey Register 1048(a), 17 New Jersey Register 1896(a). Added job title description, hours per month and forwarding copy of notice for evaluation. Amended by R.1990, d.396, effective 8/6…

Notes N.J. Admin. Code § 12:35-1.6 Repeal and New Rule, R.1985, d.404, effective 8/5/1985. See: 17 New Jersey Register 1048(a), 17 New Jersey Register 1896(a). Amended by R.1990, d.396, effective 8/6/1990. See: 22 New Jersey Register 1430(a), 22 New Jersey Register 2326(b). Recod…

Notes N.J. Admin. Code § 12:35-1.7 Repeal and New Rule, R.1985, d.404, effective 8/6/1985. See: 17 New Jersey Register 1048(a), 17 New Jersey Register 1896(a). Amended by R.1990, d.396, effective 8/6/1990. See: 22 New Jersey Register 1430(a), 22 New Jersey Register 2326(b). Recod…

(a) A Work First New Jersey recipient who participates in CWEP or AWEP, or a FSETP participant, shall not be placed or utilized in a position at a nonprofit or public agency: 1. That was previously filled by a regular employee if the position or a substantially similar position a…

(a) Any State employee who believes he or she has been adversely affected by a violation of N.J.A.C. 12:35-2.1, or his or her duly authorized union representative, may file a complaint with the Governor's Office of Employee Relations. 1. The complaint shall be filed and reviewed …

(a) Any non-State employee who believes he or she has been adversely affected by a violation of N.J.A.C. 12:35-2.1, or his or her duly authorized union representative, may file a complaint with the Assistant Commissioner. 1. The complaint shall be filed within 30 days of either t…

(a) The purpose of this chapter is to implement N.J.S.A. 34:1A-1.11 et seq., which empowers the Commissioner under certain circumstances to issue a written determination directing any appropriate agency to suspend or revoke any one or more licenses that are held by an employer wh…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Agency" means any agency, department, board, or commission of New Jersey, or of any political subdivision of New Jersey, that issues a lice…