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

34:15-64 Rules, regulations, fees for witnesses, attorneys. 34:15-64. a. The commissioner, director and the judges of compensation may make such rules and regulations for the conduct of the hearing not inconsistent with the provisions of this chapter as may, in the commissioner's…

34:15-65. Deposition of absent witness The deposition of a witness whose attendance before said bureau cannot be secured by reason of his absence from the State, or by reason of his physical inability to attend the hearing may be taken upon order of the official to whom said caus…

34:15-66. Appeal; costs Any party may appeal from the judgment of a judge of compensation to the Appellate Division of the Superior Court, which appeal shall be taken in accordance with the rules of court. The judgment entered in any court on any such appeal shall be conclusive a…

34:15-66.1. Judgment docketed; execution; supplementary proceedings Any judgment entered in the Appellate Division of the Superior Court pursuant to the provisions of section 34:15-66 of this Title may be entered and docketed in the Law Division of the Superior Court, and shall t…

34:15-68. Physical examination of employee In all cases where it shall be necessary to make a physical examination of an employee in an inquiry to award compensation, the examination shall be made by a physician who is the same sex as the employee if so requested by the employee.…

34:15-69. Copy of judgment to be filed with director Whenever any judgment is entered in the Appellate Division of the Superior Court upon any matter arising under the provisions of this chapter the clerk of the Appellate Division of the Superior Court shall forthwith forward to …

34:15-69.1. Discontinuance or sale of business; discharge of employer from further liability; assumption of obligations by third party Whenever any employer has discontinued his business or sold or otherwise disposed of the greater part of his business or assets, the division may…

34:15-69.2. Order; filing; effect 2. Such order shall by its terms discharge the employer from any and all claims, demands or liabilities whatsoever for or on account of such an award or the claim or claims upon which it is based and shall substitute such third party as the respo…

34:15-69.3. Applicability of provisions of Title to third party assuming obligations All provisions of this Title not inconsistent herewith shall thenceforth apply as against such third party with the same force and effect as though such third party were the party against whom th…

34:15-7. Compensation by agreement; defenses; burden of proof When employer and employee shall by agreement, either express or implied, as hereinafter provided, accept the provisions of this article compensation for personal injuries to, or for the death of, such employee by acci…

34:15-7.1. Horseplay or skylarking on part of fellow employees An accident to an employee causing his injury or death, suffered while engaged in his employment but resulting from horseplay or skylarking on the part of a fellow employee, not instigated or taken part in by the empl…

34:15-7.2. Claim based on cardiovascular or cerebral vascular causes; preponderance of credible evidence of proof of cause by work effort In any claim for compensation for injury or death from cardiovascular or cerebral vascular causes, the claimant shall prove by a preponderance…

34:15-7.3. Worker's compensation for injury, death occurring while responding to law enforcement, public safety, medical emergency. 1. a. For any cardiovascular or cerebrovascular injury or death which occurs to an individual covered by subsection b. of this section while that in…

34:15-70. Short title This article may be cited as the "employers' liability insurance law" .

34:15-71. Employer's obligation to injured employee Every employer, except the state or a municipality, county or school district, who is now or hereafter becomes subject to the provisions of article 2 of this chapter (s. 34:15-7 et seq.), as therein provided, shall forthwith mak…

34:15-72. Employers not electing benefits of compensation law required to insure In like manner every employer except the state or a municipality, county or school district who is now or hereafter becomes subject to the provisions of article 1 of this chapter (s. 34:15-1 et seq.)…

34:15-73. Proof of compliance On demand of the commissioner of banking and insurance personally or in writing mailed to the post-office address of the employer by registered mail, the employer shall file with such commissioner on forms prescribed by him proof of compliance with t…

34:15-74. Compensation insurance provided for certain volunteers by municipality or county 34:15-74. Except as otherwise provided in this section, the governing body of every municipality and the committee of every fire district shall provide compensation insurance for special, r…

34:15-74.1. Compensation insurance by volunteer fire company for volunteer firemen and volunteer first aid or rescue squad workers Any volunteer fire company may provide compensation insurance for member volunteer firemen doing public fire duty and volunteer first aid or rescue s…

34:15-74.2. Compensation insurance by board of education for members of board Every board of education shall provide compensation insurance for its members covering the performance of their official duties as members of the board and also as members or officers of a county school…

34:15-75 Compensation for injury, death for certain volunteers. 34:15-75. Compensation for injury and death, either or both, of any volunteer fireman, county fire marshal, assistant county fire marshal, volunteer first aid or rescue squad worker, volunteer driver of any municipal…

34:15-76. Payments to certain volunteers 34:15-76. All payments of compensation to volunteer firemen, county fire marshals, assistant county fire marshals, volunteer first aid or rescue squad workers, volunteer drivers of any municipally-owned or operated ambulance, special, rese…

34:15-77. Employer carrying own insurance Any employer desiring to carry his own liability insurance may make application to the Commissioner of Insurance showing his financial ability to pay compensation. The commissioner, if satisfied of the applicant's financial ability and th…

34:15-77.1. Hospitals; group self-insurance; conditions With respect to any group of employers licensed by the State as hospitals who adopt a plan for self-insurance for the payment of compensation to their employees, at least the following conditions shall apply: a. Under such g…

34:15-77.2. Liability for compensation prescribed by Title 34; bankruptcy of participating employer Any employer licensed by the State as a hospital who participates in group self-insurance shall not be relieved from the liability for compensation prescribed by Title 34 of the Re…

34:15-77.3. Addition or termination of participating employers; notice Such group self-insurer shall promptly notify the commissioner, on a form to be prescribed by the commissioner, of the addition of any participating employer or employers. Notice of termination of any particip…

34:15-77.4. Termination of plan; surety bond; insurance policy If such a group self-insurance plan is terminated, the securities or surety bond on deposit with the commissioner shall remain in the custody of the commissioner for a period of at least 26 months. At the expiration o…

34:15-77.5. Financial statement; description of service organizations Every such group self-insurer shall, on an annual basis, or as often as the commissioner deems it necessary, furnish to the commissioner: a. A financial statement of the group's assets and liabilities, the clai…

34:15-77.6. Annual examination The commissioner may conduct such annual examinations of each such group self-insurer as he deems necessary and proper. L.1983, c. 376, s. 7, eff. Nov. 10, 1983.

34:15-77.7. Denial of application or revocation of consent The commissioner shall have the authority to deny the application of any group of self-insurers to pay such benefits, or to revoke his consent for any group continuing to pay for good cause shown, including, but not limit…

34:15-77.8. Rules and regulations The Commissioner of Insurance shall promulgate such rules and regulations, including appropriate fee schedules, as he deems necessary to effectuate the provisions of this act. L.1983, c. 376, s. 9, eff. Nov. 10, 1983.

34:15-78. Insurance in stock or mutual company; notice filed by company; domestic help excepted Every employer not operating under section 34:15-77 of this title shall insure and keep insured his liability in any stock company or mutual association authorized to engage in workmen…

34:15-79 Penalties for failure to carry insurance. 34:15-79. a. An employer who fails to provide the protection prescribed in this article, who misrepresents one or more employees as independent contractors, or who provides false, incomplete or misleading information concerning t…

34:15-79.1 Proof of workers' compensation coverage required with certain annual reports of employers. 1. a. Every corporation, limited partnership, limited liability company, limited liability partnership or other employer required by law to submit an annual report, shall also in…

34:15-8. Election surrender of other remedies Such agreement shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereof than as provided in this article and an acceptance of all the provisions of this a…

34:15-80. Notices of insurance posted Every employer who has complied with the provisions of this article shall post and maintain in a conspicuous place or places in and about his place of business, typewritten or printed notices in such form as the commissioner of banking and in…

34:15-81. Cancellation of contract; notice Any contract of insurance issued by a stock company or mutual association against liability arising under this chapter may be canceled by either the employer or the insurance carrier within the time limited by such contract for its expir…

34:15-82. Liability for injuries or death An employer securing the payment of compensation by any of the methods prescribed in section 34:15-78 of this title notwithstanding, shall be liable primarily for the payment of proper compensation for personal injuries or death sustained…

34:15-83. Insurance contract for benefit of employees and dependents Every contract of insurance covering the liability of an employer for compensation to injured employees or their dependents, written by a stock company or a mutual association, shall provide, or be construed to …

34:15-84. Enforcement of provisions 34:15-84. Every such contract shall further provide, or be construed to provide, that any injured employee or his dependents may enforce the provisions thereof to his or their benefit, either by agreement with the employer and the insurance car…

34:15-85. Knowledge of injury; jurisdiction Every such contract shall provide, or be construed to provide, that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or kno…

34:15-86. Insurance carrier directly liable Every such contract shall provide, or be construed to provide, that, upon the death, insolvency or bankruptcy of the insured employer, or upon his assignment for the benefit of creditors, the insurance carrier shall immediately become d…

34:15-87. Limitations and restrictions on liability No policy of insurance against liability arising under this chapter shall contain any limitation of the liability of the insurer to an amount less than that payable by the assured on account of his entire liability under this ch…

34:15-88. Classification of risks, rates, schedules and rules; approval by insurance commissioner Every insurance company or mutual association which insures employers against liability either under this chapter or for damages imposed by law arising out of any other liability to …

34:15-89.1 Notification to mutual associations, stock companies of requirements of employer ID numbers. 2. a. On or before March 1, 1996 and thereafter, the Compensation Rating and Inspection Bureau shall notify all mutual associations and stock companies authorized to write work…

34:15-9. Presumption as to acceptance of elective compensation provisions Every contract of hiring made subsequent to the fourth day of July, one thousand nine hundred and eleven, shall be presumed to have been made with reference to the provisions of this article, and unless the…