REGULATORY ACTIVITY:

• The law day was held on Wednesday, May 1, 2019 1:30-4:00 pm.  The Division presented courses at the Workers' Compensation courts statewide on permanent total disability: law, practices and methods 1.5 hours and ethics 1 hour. Written seminar materials were provided on site.  To find additional information regarding law day, go to https://www.nj.gov/labor/wc/legal/seminar.html#2019_LAWDAY

REGULATORY ACTIVITY:

• As of March 15, 2019, the N.J. Division of Workers’ Compensation shall require all licensed New Jersey attorneys and law firms to file the following pleadings electronically through COURTS on-line in accordance with N.J.A.C. 12:235-3.1: Claim Petitions, Answers to Claim Petitions, Dependency Claim Petitions, Answers to Dependency Claim Petitions, Medical Claim Petitions, Answers to Medical Claim Petitions, Applications for Review and Modification of Formal Awards (Re-Openers), Answers to Review and Modification of Formal Awards (Re-Openers), and Amendments to all the pleadings set forth above.  Any such pleadings filed on or after March 15, 2019, shall be rejected for filing, with instructions to file the matter electronically through COURTS on-line.  In such instances, the filing date shall be the date the document is received through COURTS on-line. To view detailed information, go to https://www.nj.gov/labor/wc/content/notices.html#efiling_111518.

REGULATORY ACTIVITY:

• Published the schedule of disabilities and maximum benefits exclusive of amputation and enucleation that became effective on January 1, 2019. To view the benefit table, go to https://www.nj.gov/labor/wc/wc_index.html.

REGULATORY ACTIVITY:

• A memo from the Director and Chief Judge Wojtenko regarding COURTS on-line Workers’ Compensation Mandatory Electronic Filing - Initial Pleadings was posted: As of March 15, 2019, the N.J. Division of Workers’ Compensation shall require all licensed New Jersey attorneys and law firms to file the following pleadings electronically through COURTS on-line in accordance with N.J.A.C. 12:235-3.1: Claim Petitions, Answers to Claim Petitions, Dependency Claim Petitions, Answers to Dependency Claim Petitions, Medical Claim Petitions, Answers to Medical Claim Petitions, Applications for Review and Modification of Formal Awards (Re-Openers), Answers to Review and Modification of Formal Awards (Re-Openers), and Amendments to all the pleadings set forth above.  Any such pleading filed on or after March 15, 2019, shall be rejected for filing, with instructions to file the matter electronically through COURTS on-line.  In such instances, the filing date shall be the date the document is received through COURTS on-line.  To view this notice, go to https://www.nj.gov/labor/wc/content/notices.html#efiling_111518.

LEGISLATIVE ACTIONS:

• Senate Bill 2145

The enacted legislation requires that in cases in which a workers’ compensation petitioner has received compensation from an insurance company prior to any judgment or award, the reasonable allowance for attorney fees will be based upon the sum of the amount of compensation received by the petitioner prior to any judgment, but after the establishment of an attorney-client relationship pursuant to a written agreement, and the amount of the judgment or award in excess of the amount of compensation already received by the petitioner. Currently, in cases in which a petitioner has received compensation prior to a judgment or award, a reasonable attorney fee is based upon only that part of the judgment or award that is in excess of the amount of compensation already received by the petitioner.  Effective Date August 24, 2018.

REGULATORY ACTIVITY:

• With the approval and consent of Robert Asaro-Angelo, Commissioner of Labor & Workforce Development, effective October 15, 2018, the Hon. Arthur J. Marchand has been appointed the Administrative Supervisory Judge (ASJ) for the vicinages of Bridgeton, Toms River, and Atlantic City.  ASJ Ingrid French will now supervise the Camden, Mt. Holly, and Trenton vicinages, ASJ Philip Tornetta will supervise the Newark, Hackensack, and Paterson vicinages, and ASJ Ashley Hutchinson will supervise the New Brunswick, Lebanon, and Mt. Arlington vicinages.  ASJ Lionel Simon, III, will continue to supervise the Freehold, Plainfield, and Jersey City vicinages.

REGULATORY ACTIVITY:

• Posted notice of a public hearing on Tuesday September 25, 2018 at 10:00 a.m. at the New Jersey Department of Labor and Workforce Development at John Fitch Plaza 12th Floor Large Conference Room, Trenton New Jersey. The proposed amendments to N.J.A.C. 12:235-1.6 would establish the 2019 maximum workers' compensation benefit rates for temporary disability, permanent total disability, permanent partial disability, and dependency under the Workers' Compensation Law. Because a 60-day comment period has been provided in this notice of proposal, this notice is excerpted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.  The proposed amendment would increase the Maximum workers’ compensation benefit rate from $903.00 per week to $921.00 per week.

REGULATORY ACTIVITY:

• • Published the 2019 Workers' Compensation Rate. Maximum benefit is $921.00; Minimum benefit is $246.00.  To view the benefit rate announcement, go to https://www.nj.gov/labor/wc/content/stats.html#Benefit-Rates. 
  • Published in their state register notice of administrative correction.   Take notice that the Department of Labor and Workforce Development (Department) discovered an error in the text of N.J.A.C. 12:235-3.8(i). Effective October 5, 2009, the Department adopted the repeal of then-existing N.J.A.C. 12:235-3.14, Enforcement, and replaced it with proposed new N.J.A.C. 12:235-3.16, Enforcement, to enact reforms to the New Jersey Workers' Compensation law (see 41 N.J.R. 1935(a); 3807(a)). As part of this rulemaking, the Department inadvertently neglected to update the existing cross-reference of N.J.A.C. 12:235-3.14 to 3.16 at N.J.A.C. 12:235-3.8(i). 
  • Effective September 1, 2018, and in accordance with N.J.A.C. 12:235-10.5, Director and Chief Judge Wojtenko has appointed E. Richard Boylan, Esq., Joyce A. Parisi, Esq., Hon. Andrew Smith, J.W.C. (retired), Hon. George Pollard, J.W.C. (retired), Marie Rose Bloomer, Esq., Bryce S. Chase, Esq., Julius Feinson, Esq., James C. Knicos, and Mark B. Zirulnik, Esq., to serve as member of the N.J. Division of Workers’ Compensation’s Commission on Judicial Performance. Mr. Boylan shall serve as the Chairperson and Ms. Parisi shall serve as the Vice Chairperson.  Their terms of service shall expire on August 31, 2020.

REGULATORY ACTIVITY:

• Memo from Director/Chief Judge Wojtenko re: Medicare Conditional Payments: It is the position of the N.J. Division of Workers’ Compensation that litigants fully comply with and adhere to the Centers for Medicare & Medicaid Services’ (CMS) policies and procedures regarding its recovery of conditional payments, including the mandatory reporting requirements of Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007.  Before a N.J. Judge of Compensation can consider a proposed Order Approving Settlement or Order Approving Settlement under N.J.S.A. 34:15-20 (Section 20 settlement) involving a petitioner who is a Medicare beneficiary, the parties shall first report the required workers’ compensation claim information to CMS as set forth by Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007.  The parties shall also begin CMS’ process of obtaining conditional payment information.  In accordance with the Division’s memorandum of March 28, 2016, if conditional payments have been made, it is best left to the parties to decide how they will resolve their remaining Medicare issues.  The parties are strongly encouraged to reach specific agreements delineating how their remaining Medicare issues will be resolved, thus protecting the injured Medicare beneficiaries, employers, and workers’ compensation insurers, as well as honoring the rights and interests of Medicare.
• Posted notice in the state register of adoption of rule NJAC 12:235-19 regarding electronic medical bills for workers' compensation claims.  The effective date of the rule is May 21, 2018.  To view the rule as adopted and comments and responses to the proposed rule, go to http://www.state.nj.us/oal/rules/accessp/.  On that site click on the hyperlink under the section Public Access to Online Register.

REGULATORY ACTIVITY:

• Joyce A. Parisi, Esq., of Parisi & Gerlanc, P.A., is the new Vice Chairperson for the Commission on Judicial Performance.
• Published the 2018 Schedule of disabilities.  To view the schedule of disabilities, go to http://lwd.dol.state.nj.us/labor/forms_pdfs/wc/pdf/2018_schedule.pdf.

REGULATORY ACTIVITY:

• Has posted proposed rules regarding the statutory mandate that all health care providers providing health care services to injured workers subject to the state workers' compensation statutes must submit their medical bills electronically to the payer.  A public hearing was held on Tuesday November 14, 2017 at 10:00 A.M. in the New Jersey Department of Labor and Workforce Development Jon Fitch Plaza on the 11th floor in the conference Room in Trenton New Jersey.