Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:15-121. Workers' compensation formal cases; records, destruction 1. Any records of, or pertaining to, workers' compensation formal cases, wherein original claim petitions have been on file for 45 or more years, may be destroyed by the Division of Workers' Compensation in the S…

34:15-122. Records of workmen's compensation of kind specified in article six Any records of, or pertaining to, workmen's compensation of the kind and character specified in article six of chapter fifteen of Title 34 of the Revised Statutes, which have been or shall have been on …

34:15-123. Agreements for payment of workmen's compensation Agreements for the payment of workmen's compensation, which have been or shall have been on file for eight or more years, may be destroyed by the Division of Workmen's Compensation; provided, the Commissioner of Labor an…

34:15-124. Records and papers not part of record of workmen's compensation formal cases Records and papers of, or pertaining to, workmen's compensation cases, on file in the Division of Workmen's Compensation and its predecessor, Workmen's Compensation Bureau, which do not consti…

34:15-125. Records on microfilm or other media, destruction 5. Any records of, or pertaining to, workers' compensation formal cases, which have not been on file for 45 or more years but which have been microfilmed or retained in full in other media, provided such microfilms or in…

34:15-126. Force, effect of microfilm or other media 6. Any microfilm made or information retained in other media by the Division of Workers' Compensation pursuant to law, or a certified copy of such microfilm or information retained in other media, shall have the same force and …

34:15-127. Liability for destruction of records No official, or member of the Department of Labor and Industry, shall be held liable on his bond, or in the way of damages, for loss, or in any other manner, because of the destruction of any records or papers pursuant to this act. …

34:15-128 Limited right to inspect, copy records. 1. a. Notwithstanding any other provision of the chapter to which this act is a supplement or of any other law, no records maintained by the Division of Workers' Compensation or the Compensation Rating and Inspection Bureau shall …

34:15-128.1 Short title. 5. Sections 6 through 9 of this act shall be known and may be cited as the "Workers' Compensation Medical Information Confidentiality Act." L.2001,c.326,s.5.

34:15-128.2 Definitions relative to "Workers' Compensation Medical Information Confidentiality Act." 6. For the purposes of section 1 of P.L.1966, c.164 (C.34:15-128) and sections 6 through 9 of this amendatory and supplementary act: "Disclose" means to release, transfer, open fo…

34:15-128.3 Disclosure of medical information. 7. a. In any case of an individual seeking workers' compensation from an employer, it shall be unlawful for the employer, the workers' compensation insurance carrier of the employer, a health care provider treating or evaluating the …

34:15-128.4 Withholding information unlawful; certain circumstances. 8. Except for medical or non-medical evaluations performed for the purposes of evaluating the permanency of an employee's disability requested by the employer or its insurance carrier, in any case of an individu…

34:15-128.5 Violations, fine, penalty. 9. Any person who violates any provision of section 7 or 8 of this amendatory and supplementary act shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for not more than 60 days or both. L.2001,c.326,s.9.

34:15-129. Short title 1. This act shall be known and may be cited as the "New Jersey Horse Racing Injury Compensation Board Act." L.1995,c.329,s.1.

34:15-13 Death benefits, burial expenses; computation and distribution. 34:15-13. Except as hereinafter provided, in case of death, compensation shall be computed, but not distributed, on the following basis: a. For one or more dependents, 70% of wages. b. (Deleted by amendment, …

34:15-130 Findings, declarations. 2. The Legislature finds and declares that, whereas current law already requires virtually all employers to provide for the payment of workers' compensation benefits to injured employees, because of the unique nature of the horse racing industry,…

34:15-131 Definitions relative to the New Jersey Horse Racing Injury Compensation Board. 3. As used in this act: "Board" means the New Jersey Horse Racing Injury Compensation Board established by section 4 of P.L.1995, c.329 (C.34:15-132). "Commission" means the New Jersey Racing…

34:15-132. "New Jersey Horse Racing Injury Compensation Board" established 4. There is hereby established the "New Jersey Horse Racing Injury Compensation Board," which shall be in, but not of, the Department of Law and Public Safety. a. The board shall consist of seven members a…

34:15-133. Powers of board 5. The board shall have the power to: a. purchase and serve as the master policyholder for any insurance, or self-insure pursuant to R.S.34:15-77, for the purposes of this act; b. enter into contracts with other persons, entities or public bodies for an…

34:15-134 Insurance coverage; assessments. 6. a. The board shall secure workers' compensation insurance coverage for horse racing industry employees. b. The board shall assess and collect sufficient funds to pay the costs of the insurance or self insurance coverage required by th…

34:15-134.1 Trainer to carry compensation insurance for employees, eligibility for coverage. 2. Notwithstanding any provision of P.L.1995, c.329 (C.34:15-129 et seq.), as amended: a. A standardbred trainer who is licensed or is required to be licensed by the commission shall carr…

34:15-135 Employee, employer relationship under the act. 7. a. For the purposes of this act and R.S.34:15-36, a horse racing industry employee shall be deemed to be in the employment of the New Jersey Horse Racing Injury Compensation Board and in the employment of all standardbre…

34:15-136. Computing wages 8. Notwithstanding the provision of any other law, in determining workers' compensation benefits pursuant to R.S.34:15-1 et seq., the wages of a horse racing industry employee shall be computed in the manner provided under R.S.34:15-37. L.1995,c.329,s.8…

34:15-136.1 Documentation, maintenance of complete and accurate records of wages paid. 6. a. A thoroughbred trainer shall document and maintain complete and accurate records of all wages paid, whether by check or in cash, to stable employees and, notwithstanding the provisions of…

34:15-137. Act as supplemental to other arrangements 9. Nothing in this act shall affect any existing contract or policy of employers' liability insurance or the liability of any insurance company or provider, or any arrangement now existing between employers and employees, provi…

34:15-138. Plan of operation 10. a. The board shall create a plan of operation to ensure fair, reasonable, and equitable administration. The plan of operation and any amendments thereto shall become effective upon approval in writing by the board. b. The plan of operation shall c…

34:15-139. Commission examination, financial report 11. The board shall be subject to examination by the commission. The board shall submit to the commission no later than March 31 of each year, a financial report for the preceding calendar year in a form approved by the commissi…

34:15-14 Waiting period. 34:15-14. Except as provided pursuant to R.S.34:15-75, no compensation other than medical aid shall accrue and be payable until the employee has been disabled seven days, whether the days of disability immediately follow the accident, or whether they be c…

34:15-140. Tax exemption 12. The board shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions. L.1995,c.329,s.12.

34:15-141. Liability limited 13. a. The liability of the board and the State with respect to payment of any compensation, benefits, expenses, fees or disbursements properly chargeable against the board shall be limited to the assets held by the board and the board and the State s…

34:15-142. Applicability of R.S.34:15-1 et seq. 14. The provisions of R.S.34:15-1 et seq. shall apply to the provision of workers' compensation insurance under this act in all respects, except as otherwise specifically provided herein. L.1995,c.329,s.14.

34:15-143 Definitions relative to electronic medical bills for workers' compensation claims. 1. As used in this act: "Complete electronic medical bill" means a medical bill that meets all of the following criteria: (1) it is submitted in the correct uniform billing format, with t…

34:15-144 Rules, regulations. 2. The Commissioner of Labor and Workforce Development shall adopt rules and regulations which: a. require that all healthcare providers, their billing representative, or any company that has purchased the rights to pursue their bill submit complete …

34:15-145 Jurisdiction vested in division. 3. Exclusive jurisdiction for failure to comply with this act shall be vested in the division pursuant to R.S.34:15-15. L.2016, c.64, s.3.

34:15-146 Inapplicability of act. 4. This act shall not apply to any provider that: a. submits less than 25 medical bills per month to employers, workers' compensation insurance carriers, or the workers' compensation third-party administrators; b. furnishes services only outside …

34:15-147 Offering of hiring preference to employee unable to return to previous position due to returning from a work-related injury. 1. a. Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement a…

34:15-15 Medical and hospital service. 34:15-15. The employer shall furnish to the injured worker such medical, surgical and other treatment, and hospital service as shall be necessary to cure and relieve the worker of the effects of the injury and to restore the functions of the…

34:15-15.1. Reimbursement of insurance company or others paying medical, surgical or hospital expenses Whenever the expenses of medical, surgical or hospital services, to which the petitioner would be entitled to reimbursement if such petitioner had paid the same as provided in s…

34:15-15.2. Hospital service; care required; expenses Whenever hospital service is required to cure or to relieve an injured workman of the effects of the injury or to restore the functions of the injured member or organ or to provide treatment for occupational disease in accorda…

34:15-15.3 Motion by worker for emergent medical treatment. 1. When through medical documentation a physician states that a worker is in need of emergent medical care that is not, following a request by the worker to the employer or the employer's carrier, being provided or autho…

34:15-15.4 Designation of contact person by carrier, self-insured employer. 2. Every carrier and self-insured employer shall designate a contact person who is responsible for responding to issues concerning medical and temporary disability benefits where no claim petition has bee…

34:15-16. Compensation to run consecutively; payment for compensation, medical treatment, etc., after termination of liability Compensation for all classes of injuries shall run consecutively, and not concurrently, except as provided in this section and in section 34:15-15 of thi…

34:15-17. Notification of employer Unless the employer shall have actual knowledge of the occurrence of the injury, or unless the employee, or some one on his behalf, or some of the dependents, or some one on their behalf, shall give notice thereof to the employer within fourteen…

34:15-18. Service of notice; form; sufficiency The notice referred to may be served personally upon the employer, or upon any agent of the employer upon whom a summons may be served in a civil action, or by sending it through the mail to the employer at the last known residence o…

34:15-19. Examination of employee as to physical condition; X-rays After an injury, the employee, if so requested by his employer, must submit himself for physical examination and X-ray at some reasonable time and place within this state, and as often as may be reasonably request…

34:15-2. Defenses abolished The right to compensation as provided by this article shall not be defeated upon the ground that the injury was caused in any degree by the negligence of a fellow employee; or that the injured employee assumed the risks inherent in or incidental to or …