reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 7 - UNINSURED EMPLOYER'S FUND › Section 12:235-7.7 - Attorney fees

Current through Register Vol. 56, No. 14, July 15, 2024
(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 to the Commissioner for payment of the attorney fee awarded by the Judge of Compensation for obtaining the medical and/or temporary benefits assessed against the respondent.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 7 - UNINSURED EMPLOYER'S FUND › Section 12:235-7.8 - Asbestos exposure claims under N.J.S.A 34:15-33.3

Current through Register Vol. 56, No. 14, July 15, 2024
(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 carrier of the employer, the employer, or the principals of the employer where the employee was last exposed cannot be located or the employee worked for more than one employer during the time the exposure to asbestos may reasonably be deemed to have taken place but the employer or employers where the employee was last exposed cannot reasonably be identified;
2. The claim petition was pending on or filed after January 14, 2004, and had not been concluded or dismissed prior to that date; and
3. Compensation is based on the last date of exposure if known, or if such date cannot be known, on an appropriate date established by the judge of workers' compensation, pursuant to 34:15-33.3(d).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 7 - UNINSURED EMPLOYER'S FUND › Section 12:235-7.9 - Certification to the UEF, medical information in asbestos exposure cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the items specified at 12:235-7.3 for certification to the UEF, the petitioner shall, in asbestos exposure claims under 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 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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 8 - DISCRIMINATION COMPLAINTS › Section 12:235-8.1 - Filing discrimination complaints

Current through Register Vol. 56, No. 14, July 15, 2024
All complaints alleging discrimination pursuant to 34:15-39.1 shall be filed with the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 8 - DISCRIMINATION COMPLAINTS › Section 12:235-8.2 - Contents of discrimination complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(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, and claim petition number, if a claim for formal hearing has been filed;
2. The name and address of the insurance carrier for the employer;
3. The date of complainant's accident;
4. Complainant's occupation and wages;
5. Complainant's current employment and wages;
6. Complainant's occupational duties and indication as to whether he or she is able to perform those duties;
7. The date and reason for complainant's termination of employment;
8. The factual and legal reasons for alleging discrimination;
9. Such other information as requested by the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 8 - DISCRIMINATION COMPLAINTS › Section 12:235-8.3 - Attachments to discrimination complaints

Current through Register Vol. 56, No. 14, July 15, 2024
The complaint for discrimination shall include, or have attached thereto, all documents upon which the complainant is relying on in the application.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 8 - DISCRIMINATION COMPLAINTS › Section 12:235-8.4 - Investigation of discrimination complaints; appeal procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(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 34:15-39.1.
(b) No discrimination complaint shall be accepted by the Division of Workers' Compensation unless filed with the Director/Chief Judge within 180 days of the date of the last act of alleged discrimination.
(c) Upon receipt of a sworn complaint alleging a violation of 34:15-39.1 the Division of Workers' Compensation shall transmit a copy of the complaint to the named employer within 14 days thereafter.
(d) The named employer shall file an answer to the complaint, under oath, with the Division of Workers' Compensation within 14 days of the employer's receipt of the complaint.
(e) The named employer, for good cause, may request from the Division of Workers' Compensation an additional period of not more than 30 days to file an answer to the discrimination charge.
(f) Upon receipt of the employer's answer, the Division will transmit a copy of the answer to the complainant. The complainant will be allowed 14 days to respond to the answer in writing. At the end of the 14 day period the record will be closed unless the Division requests additional submissions from the parties or allows additional time, for good cause shown, for the parties to respond.
(g) The Director/Chief Judge shall review the submission of the parties and determine if the complaint should be affirmed, dismissed or determined to be a contested case and forwarded to the Office of Administrative Law for hearing. The Director/Chief Judge shall render his or her decision within 90 days after the filing of a discrimination complaint or 30 days of the last evidentiary submission from the parties, whichever is later. If the complaint is affirmed, the decision will be transmitted to the Commissioner of Labor for imposition of penalties and such other relief authorized pursuant to 34:15-39.1 and 34:15-39.2.
(h) Any individual who disagrees with the decision of the Director may submit to the Division a written request for a formal hearing to be held in accordance with the Administrative Procedures Act, 52:14B-1 et seq., 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 within 20 days from the date of the receipt of the Director's decision, by the party seeking the appeal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 9 - ASSIGNMENT AND SUPERVISION OF JUDGES › Section 12:235-9.1 - Assignment of judges

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 9 - ASSIGNMENT AND SUPERVISION OF JUDGES › Section 12:235-9.2 - Assignment to supervisory positions

Current through Register Vol. 56, No. 14, July 15, 2024
(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. Determine the number of Judges needed to provide the necessary supervision; and
2. Appoint Judges of Compensation to supervisory positions in which the Judges shall serve at the pleasure of the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 9 - ASSIGNMENT AND SUPERVISION OF JUDGES › Section 12:235-9.3 - Personnel functions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 of the Director.
(b) The Supervising Judge of a particular district shall be responsible for the orderly and prompt flow of work in that district.
(c) Subject to the approval of the Director, the Supervising Judge shall determine the composition of the daily calendar and shall designate the Judge of Compensation to be responsible for each calendar list. The Supervising Judge shall be responsible for all daily changes of scheduling for all hearing personnel within each district and be available to discuss particular scheduling problems with attorneys.
(d) Each Supervising Judge shall furnish statistical reports as required by the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.1 - Causes for discipline or removal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A judge may be disciplined for:
1. Violation of the Code of Conduct for Judges of Compensation;
2. Willful misconduct including misconduct which, although not directly pertaining to judicial duties, brings the office into disrepute or is prejudicial to the administration of justice;
3. Failure, neglect, or inability to perform judicial duties; or
4. Failure to notify the Director when the judge has reason to believe that a medical report, medical bill for services, or medical finding has been altered, falsified, or withheld by a licensed physician, dentist, chiropractor, osteopath, optometrist, physical therapist, medical technician, attorney, or a representative of an insurance carrier or self-insured.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.2 - Forms of discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disciplinary sanctions shall include, but not be limited to:
1. An oral or written private reprimand;
2. An oral or written public reprimand;
3. A suspension; and
4. Removal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.3 - Minor discipline

Current through Register Vol. 56, No. 14, July 15, 2024
Oral or written private reprimands shall constitute minor discipline. A judge shall receive formal notification of the charges and the facts upon which the charges are based. The judge shall be afforded an opportunity to respond either in writing or orally to the Director or Supervisory Judge presenting the charges. No formal hearing will be held and the decision of the Director or Supervisory Judge shall be final. A judge may request of the Director that records of minor discipline and all related documents be expunged after one year provided no subsequent reprimands have been issued.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.4 - Major discipline

Current through Register Vol. 56, No. 14, July 15, 2024
Oral or written public reprimands, suspensions, and removal shall constitute major disciplinary actions. A judge is entitled to notice of major disciplinary charges and an opportunity to be heard pursuant to
N.J.A.C. 12:235-10.9
.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.5 - Establishment of Commission on Judicial Performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is established a Commission on Judicial Performance to investigate complaints or reports referred by the Director concerning judicial conduct and to give advisory opinions, recommendations, and reports to the Director. The Division will provide necessary staff or other resources for the Commission. The Commission shall consist of nine members. The Director shall designate one member to serve as Chairperson and another member to serve as Vice Chairperson. At least two members shall be retired Judges of Compensation, not less than three members shall be members of the Bar, and not less than one, but no more than four members shall be laypersons who do not hold public office of any nature. The members shall be appointed by the Director for terms of two years and may be reappointed for such additional term or terms as the Director shall determine. Membership on the Commission shall terminate if a member is appointed or elected to public office or to any position considered by the Director to be incompatible with such service.
(b) A quorum shall consist of five members of the Commission. No action of the Commission shall be valid unless concurred in by a majority of its membership. However, if the Commission finds cause and recommends to the Director the institution of formal proceedings which may lead to reprimand, suspension, or removal of the Judge, such recommendation shall be made only on the affirmative vote of five members of the Commission who have considered the record and at least three of whom were present at all proceedings at which evidence was produced. If not present at all proceedings, other voting members must have listened to the tape recordings or read transcripts of any missed proceedings.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.6 - Initial review by the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall conduct an initial review upon receipt of a written complaint or report, which is not obviously unfounded or frivolous, or related solely to the subject of an appeal and which, if true, would constitute a violation of this subchapter.
(b) Prior to any meeting to decide the merits of the complaint or report, the Commission shall send a copy of the complaint or report to the judge who is the subject of the review.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.7 - Evidentiary review by the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commission conducts an evidentiary review, the Commission shall:
1. Require the filing of a verified complaint or report;
2. Notify the judge of the nature of the complaint or report and the name of the person making the complaint or report, provide a copy of the complaint or report, and notify the judge that he or she has the opportunity to present, within such reasonable time as the Commission shall fix, such matters as the judge may choose to place on the record. The notice to the judge shall specify in ordinary and in concise language the complaint or report against the judge and the alleged facts upon which the complaint or report is based. A presentation by the judge includes the right to appear before the Commission, with or without counsel, to confront and cross-examine witnesses and present evidence on his or her behalf and to make a statement under oath as the judge deems appropriate. The Commission may request that the complainant make a supplemental statement under oath. Any statements, if oral, shall be taken stenographically or by sound recording; and
3. Review and determine requests for discovery.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.8 - Recommendations of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion of the initial review, the Commission may take any of the following actions which may be accepted, rejected, or modified by the Director:
1. The Commission may recommend that the Director dismiss the charges and notify the parties of the action taken. If the matter has been made public, the Director shall, at the request of the judge involved, issue a short statement of clarification and correction of any dismissed complaint or report.
2. If the initial review reveals a departure by the judge from common standards of judicial propriety, such as discourtesy, rudeness, disparagement of witnesses or attorneys, and the like, or other conduct or demeanor which would reflect unfavorably upon the administration of justice if persisted in or were to become habitual or more substantial in character, the Commission may request the judge to appear at a time and place designated for an informal discussion of the matter. After making the judge aware of the objectionable conduct, and becoming satisfied that it was temporary in nature and not likely to become habitual, the Commission may recommend to the Director that the complaint or report be dismissed and the parties advised of the action taken, and the reasons therefore. Any such conference shall be recorded stenographically or by sound recording and a transcribed record filed with the papers in the proceeding.
3. If the Commission believes that the judge may be suffering from a mental or physical disability which is disabling the judge and may continue to disable the judge indefinitely or permanently from the performance of his or her duties, it may recommend to the Director an appropriate response that balances any medical need of the judge and protects the public interest.
4. Whenever the Commission concludes that the circumstances merit minor discipline, the Commission shall promptly file a copy of the recommendation, and the record of the Commission certified as such by its Chairperson, with the Director. If the Director agrees with the recommendation, the Director shall proceed in accordance with
N.J.A.C. 12:235-10.3
. If the Director disagrees with the recommendation, the Director may dismiss or refer the matter for major disciplinary charges in accordance with
N.J.A.C. 12:235-10.4
.
5. Whenever the Commission concludes, and only after an evidentiary review under
N.J.A.C. 12:235-10.7
, that the basis of the complaint or report merits disciplinary action greater than minor discipline and that formal charges should be instituted, the Commission shall promptly file a copy of the recommendation and the record of the Commission certified as such by its Chairperson with the Director. The Commission shall issue also without delay and serve upon the judge a notice advising him or her that it has filed such a recommendation with the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.9 - Final hearing

Current through Register Vol. 56, No. 14, July 15, 2024
When requested by the judge, a final hearing in major discipline shall be conducted by an independent hearing officer under procedures set by the hearing officer. The hearing officer will make a recommendation to the Commissioner. As feasible and as permitted by law, the hearing officer shall be a retired judge of the Superior Court. At the hearing, the Department may be represented by the Attorney General or a designated representative. After recommendation of the hearing officer or on the record if no hearing had been requested, the Commissioner shall make the final decision in all cases other than removal. The Governor, pursuant to Art. V, Sec. IV, Par. 5 of the New Jersey Constitution and upon recommendation of the Commissioner, may remove a judge from office.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.10 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The record before the Commission on Judicial Performance shall be confidential and shall not be available to any person except in the proper discharge of official duties, unless the judge requests that the charge, proceedings, or action shall be made public. If a public reprimand is imposed by the Director, the written reprimand shall be made public. Upon the issuance of a complaint or disciplinary charges, the complaint and/or charges shall be made public. The entire record shall, unless the Director otherwise orders, be made public upon the entry of a final decision imposing a public reprimand, suspension, or removal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 10 - CONDUCT OF JUDGES › Section 12:235-10.11 - Judicial independence and discipline process

Current through Register Vol. 56, No. 14, July 15, 2024
The methods used by the judge, but not the result arrived at by the judge in any case, may be the cause for discipline of the judge. In order to foster and encourage judicial independence, claims of error shall be left to appellate review and not be subject to discipline.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 11 - ACCIDENT REPORTS › Section 12:235-11.1 - Employer's first notice of accidental injury or occupational disease

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every employer subject to 34:15-96 shall file a first notice of accidental injury or occupational disease under the procedures set forth in (b) below when:
1. The injury causes a loss of time from regular duties beyond the working day or shift on which the accident occurred; or
2. Medical treatment beyond ordinary first aid is required; or
3. Occupational disease exists whether or not time is lost.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 11 - ACCIDENT REPORTS › Section 12:235-11.2 - Employer's final report of accidental injury or occupational disease

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Not more than 26 weeks after the insurance carrier, third party administrator, self-insured employer or statutory non-insured employer learns that an employee has recovered so as to resume work or has reached maximum medical improvement prior to resumption of work, the insurance carrier, third party administrator, self-insured employer or statutory non-insured employer shall prepare a final report in electronic data interchange media with the Division through the Compensation Rating and Inspection Bureau in a format prescribed by the Compensation Rating and Inspection Bureau. A benefits status letter will be sent to the employee by the insurance carrier, third party administrator, self-insured employer or statutory non-insured employer which shall contain the information filed with Division and Compensation Rating and Inspection Bureau.
(b) If the employee disagrees with the benefits status letter, the employee may contact the insurance carrier, third party administrator, self-insured employer or statutory non-insured employer directly or write to the Division pursuant to instructions on the New Jersey Benefits Status Letter. Any changes to the report shall be filed by the insurance carrier, third party administrator, self-insured employer or statutory non-insured employer in the same manner as the original report under (a) above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 11 - ACCIDENT REPORTS › Section 12:235-11.3 - Penalty for noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every employer, insurer, third party administrator or other person who fails to comply with the terms of this subchapter shall be liable for a penalty of $ 10.00 for the first offense, $ 25.00 for the second offense and $ 50.00 for the third and subsequent offenses. Violations under this section include, but are not limited to, a failure to file a required report, a failure to file a report electronically, a failure to supply information to another party and a failure to file a complete and accurate report.
(b) A person or entity who receives notice of a penalty assessment may request in writing a review of the penalty assessment within 20 days of the notice of penalty assessment. Such request must include the reasons and basis for a dismissal or waiver of the penalty.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish surcharge collection procedures to fund the Uninsured Employers' Fund and the Second Injury Fund.
(b) The surcharges shall be levied against all workers' compensation and employer's liability insurance policyholders and self-insured employers.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Department" means the New Jersey Department of Labor.
"Director" means the Director/Chief Judge of the Division of Workers' Compensation.
"Earned premium" means the portion of the standard premium that was earned on a pro-rata basis of the policy term. As of January 1, 1999, the earned premium shall be defined as the portion of modified premium that was earned on a pro-rata basis of the policy term.
"Insurer" means a domestic, foreign, or alien mutual association or stock company writing workers' compensation or employer's liability insurance on risks located in this State who is subject to premium taxes pursuant to 54:18A-1 et seq.
"Modified premium" means the earned premium after application of any experience modification and prior to the application of an approved managed care premium reduction, a premium reduction in consideration of the New Jersey Construction Classification Premium Adjustment Program, the expense constant, surcharges, premium discount, retrospective rating plans, or premium reductions for deductible coverages.
"Policyholder" means a holder of a policy of workers' compensation and employer's liability insurance issued by an insurer, exclusive of any workers' compensation endorsement requirement pursuant to N.J.S.A. 17:36-5.2 9.
"Report of compensation paid" is a report of the total amount of workers' compensation paid pursuant to 34:15-1 et seq., adjusted for the amounts paid for funeral expenses and for the compromise of disputed claims pursuant to 34:15-20.
"Second Injury Fund" means a fund established pursuant to 34:15-94 which is designed to provide funds for workers who have experienced two disability injuries.
"Self-insured employer" means an employer which is authorized to self-insure for workers' compensation or employer's liability pursuant to 34:15-77.
"Standard premium" means the premium earned after application of any experience modification and prior to the application of the expense constant, premium discounts, retrospective rating plans or premium reductions for deductible coverages.
"Uninsured Employer's Fund" means a fund to provide for the payment of awards against uninsured defaulting employers pursuant to 34:15-120.1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.3 - Reporting compensation paid

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Report forms for the reporting of compensation paid shall be mailed by the Department to the respective insurers or self-insured employers by June 15 of each calendar year.
(b) Insurers and self-insured employers shall file the report of compensation paid for the calendar period July 1 to June 30 with the Department by July 31 following the end of the report year to be filed.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.4 - Calculation and notification of surcharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Insurers shall include the surcharge percentages as provided by the Department of Insurance, for both the Second Injury Fund and the Uninsured Employer's Fund, respectively, on each policyholder's premium notice.
(b) The surcharge amounts shall be calculated by multiplying the surcharge rate by the standard premium. For quarters after December 31, 1998, the surcharge amounts shall be calculated by multiplying the surcharge by the modified premium.
(c) The resulting surcharge amounts shall be stated by the insurer separately on the premium notice.
(d) The surcharge shall be remitted to the insurer in accordance with the payment schedule established by the insurer for the policyholder, for the annual policy term.
(e) Self-insured employers shall be notified of their share of the surcharge by September 15 of the calendar year that precedes the year for which the surcharge applies.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.5 - Surcharge collection procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide each insurer and self-insured employer with the appropriate form for calculating the surcharge remittance. The form shall contain express instructions for the completion of the items pertaining to the calculation of the surcharge remittance.
1. For insurers, the following apply:
i. The amount of the remittance shall be proportionate to the earned premium at the end of the calendar quarter of remittance, less any supplemental benefits and special adjustments that have been paid;
ii. The quarterly calculation of the surcharge amount due shall be adjusted for changes in prior quarter earned premiums, if any. For example, in 1989, the maximum number of prior quarters that may need earned premium adjustment will be three. In 1993, the maximum number of prior quarters that may need earned premium adjustment will be 19. In 1994, and thereafter, the maximum number of quarters that may need earned premium adjustment will vary from 16 to 19; and
iii. Surcharges collected shall be remitted within 30 days following the end of each calendar quarter ending March 31, June 30, September 30, and December 31.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.6 - Verification and audit procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Insurers and self-insured employers shall submit a quarterly detailed report that supports the amount of credits, supplemental benefits and special adjustment payments claimed on the quarterly remittance.
1. The form and manner of completion shall be as directed by the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.7 - Earned premium notification

Current through Register Vol. 56, No. 14, July 15, 2024
Until calendar year 1999, insurers are required to notify the Department of Banking and Insurance of the amount of standard earned premiums for the period of January 1 to December 31 of each calendar year by August 31 of the immediately following year. Starting with calendar year 1999 and every year thereafter, insurers are required to notify the Department of Banking and Insurance of the amount of modified premiums for the period of January 1 to December 31 of each calendar year by August 31 of the immediately following year. Such premium shall be used in the determination of the annual policyholder surcharge rate applicable during the next policy year.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.8 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
Forms referred to in this subchapter are available from the Department, and may be requested in writing from:
Division of Accounting
New Jersey Department of Labor
PO Box 078
Trenton, New Jersey 08625-0078
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 12 - SURCHARGE COLLECTION PROCEDURES › Section 12:235-12.9 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any insurer or self-insured employer who fails to submit a completed report of compensation paid by July 31 of any calendar year shall be subject to a penalty of $ 100.00 for each 30 day period that the report is delinquent, up to a maximum of $ 500.00.
(b) Any insurer or self-insured employer who fails to remit a quarterly surcharge by the due date shall be subject to a penalty of one-half of one percent (0.5%) of the surcharge remittance amount for each 30 day period, or portion thereof, that the remittance is delinquent, up to a maximum of five percent.
(c) Surcharges and penalties which are delinquent are subject to collection proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.1 - General

Current through Register Vol. 56, No. 14, July 15, 2024
The Director/Chief Judge or his or her designee may, upon finding that an employer has failed for a period of not less then 10 consecutive days to make provision for payment of compensation as required by 34:15-71 and 34:15-72, and subsequent to notice and demand for proof of such provision pursuant to 12:235-13.2, impose upon that employer, in addition to all other penalties, fines or assessments provided for in the New Jersey Workers' Compensation Law (34:15-7 et seq.) an assessment up to an amount of $ 1,000 and when the period exceeds 20 days, an additional assessment of up to $ 1,000 for each period of 10 days thereafter. All such assessments shall be collectible in a court of competent jurisdiction in a summary civil proceeding and shall be paid into the "Uninsured Employers Fund."
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.2 - Notice and demand for proof of coverage

Current through Register Vol. 56, No. 14, July 15, 2024
In the event the Division determines that a business entity is or may be operating as an employer in the State of New Jersey without the required workers' compensation coverage, the Division shall issue a notice, by regular and certified mail, to the business entity. Notice shall include a statement of the allegation, penalties to be assessed for such failure, a demand for proof of required coverage to be submitted within 20 calendar days and procedure for the business entity to request a hearing on the allegation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.3 - Acceptable proofs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In response to a notice issued pursuant to 12:235-13.2, acceptable preliminary proof of the required workers' compensation insurance coverage shall include a copy of a current certificate of insurance issued by a mutual association or stock company authorized to write on such risks in the State of New Jersey, a sworn affidavit by the agent of such mutual association or stock company stating the policy number(s) and the effective date(s) of coverage, documentation evidencing application for required coverage through the Compensation Rating and Inspection Bureau (CRIB), or a copy of the certificate of approval issued by the Commissioner of Insurance for self-insurance privilege under 34:15-77. Where a CRIB application is provided as proof of coverage, the Division shall issue a preliminary acceptance notice to the business entity with a copy to CRIB, requiring submittal by the business entity of a certificate of insurance within 60 calendar days from the date of the mailing of such notice.
(b) All proofs of coverage submitted in the form of insurance certificate or agent affidavit are subject to verification by the Division with the named mutual association or stock company. Proofs of coverage submitted in the form of certificates of self-insurance shall likewise be subject to verification with the Department of Insurance.
(c) Where proofs of coverage as submitted by the business entity are found to be invalid on their face or through the process of verification, a second notice shall be issued to the business entity stating such findings and the current amount of assessment to be imposed, and providing procedures for the business entity to request a hearing on the allegation within 20 calendar days following the date of the second notice.
(d) All notices prescribed hereunder shall be served by the Division by certified and regular mail and shall be deemed satisfactory if not returned as undeliverable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.4 - Failure to respond

Current through Register Vol. 56, No. 14, July 15, 2024
Where the business entity fails to respond to either the initial or second notice and demand for proof of coverage within the period allowed, the amount of assessment stated in the last notice issued to the business entity shall become the final administrative order with respect to the imposition of such penalties.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.5 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A hearing will be conducted by the Director/Chief Judge or designee if requested pursuant to 12:235-13.2.
(b) The employer shall have the opportunity to present any and all relevant evidence but the Director/Chief Judge or designee conducting the hearing shall not be bound by the Rules of Evidence.
(c) Penalties assessed against an employer will be dismissed upon a finding by a preponderance of the credible proof that the requirements of Article 5 and related sections of the Workers' Compensation Act were met as of the date of the issuance of the initial notice of violation.
(d) If, upon finding that the employer was in violation of 34:15-7 et seq., a portion or all of the administrative penalty assessed in the initial notice of violation may be abated by the Director/Chief Judge or designee based on the following factors:
1. Length of time the employer was without workers' compensation coverage;
2. An occurrence of a compensable injury while the employer was uninsured;
3. Past history of violations by the employer or an entity in which the violator was an owner, officer or principal shareholder;
4. Good faith of the employer;
5. Size of the employer's business; and
6. Any other material factors which the Director/Chief Judge or designee deems appropriate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.6 - Payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All penalties shall be paid in compliance with the final administrative order. Failure to pay such penalties when due shall result in a judgment being obtained in a court of competent jurisdiction.
(b) All sums shall be made payable to the "Uninsured Employers Fund" in the form of a certified check, money order or such other form authorized by the Director/Chief Judge or designee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 13 - ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES › Section 12:235-13.7 - Stop-work order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Besides any other penalties, remedies or sanctions as provided by statute or regulation, an employer who knowingly fails to provide workers' compensation coverage, who knowingly misrepresents one or more employees as independent contractors or who knowingly provides false, incomplete or misleading information concerning the number of employees, shall be subject to a stop-work order by the Director of the Division of Workers' Compensation.
(b) A violation under (a) above shall be considered to be "knowing" if the employer:
1. Has previously obtained workers' compensation insurance and the insurance has been cancelled or the insurance has not been continued or renewed;
2. Has been advised of the need for workers' compensation insurance by the Division of Workers' Compensation or any other agency of the New Jersey Department of Labor and Workforce Development; or
3. Has had one or more previous violations of workers' compensation coverage requirements, including, but not limited to, failure to obtain workers' compensation insurance or to qualify as a self-insuring employer, misreporting or misrepresentation of the number of employees and/or misreporting or misrepresentation of employees as independent contractors.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 14 - STANDARD FORMS › Section 12:235-14.1 - Listing of forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Listed below are the titles and numerical designations of the standard forms utilized for workers' compensation:
1. Employee Claim Petition, WC 365;
2. Dependency Claim Petition, WC 366;
3. Application for Review or Modification of Formal Award, WC 368;
4. Notice of Motion for Temporary and/or Medical Disability Benefits, WC 101;
5. Respondent's Answer to Claim Petition, WC 367;
6. Respondent's Answer to Dependency Claim Petition, WC 171;
7. Answer to Application for Review or Modification of Formal Award, WC 369;
8. Answering Statement to Motion for Temporary and Medical Benefits, WC 102;
9. Standard Respondent's Interrogatories: Occupational Diseases, WC 22;
10. Standard Petitioner's Interrogatories: Occupational Diseases, WC 23;
11. Pre-Trial Memorandum, WC(DO) 31;
12. Order Approving Settlement WC(DO) 370;
13. No Insurance Case, WC(DO) 339;
14. Bench Referral from Division of Workers' Compensation to New Jersey Division of Vocational Rehabilitation Services;
15. Application for Informal Hearing, WC(CF)-66;
16. Central Office Record of Informal Proceedings, WC(CF)-11;
17. Second Injury Fund Verified Petition (SCF-161);
18. Decision of Eligibility, WC-48;
19. Application for Commutation, WC(1)-60;
20. Decision of Dismissal, WC-47;
21. Discrimination Complaint SCF 4;
22. Employer's First Report of Accidental Injury of Occupational Illness, L&I 1;
23. Employer's First Report to Division of Workers' Compensation of Accidental Injury or Occupational Disease, WC-1;
24. Insurer's Initial Notice of Accident and Insurer's and Self-Insurer's Statement of Wages and Agreement to Care for Case, WC-2;
25. Informational Brochure on Informal Proceedings.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION › Subchapter 14 - STANDARD FORMS › Section 12:235-14.2 - Sample forms

Current through Register Vol. 56, No. 14, July 15, 2024
Samples of the standard forms listed in 12:235-14.1 follow:
OFFICE OF ADMINISTRATIVE LAW NOTE: The Division of Workers' Compensation submitted 29 sample forms as part of R.1997 d.110. These forms are not reproduced herein but may be inspected at:
Office of Administrative Law
Building 9
Quakerbridge Plaza, Quakerbridge Road
PO Box 049
Trenton, NJ 08625-0049
and
Department of Labor
Division of Workers' Compensation
Sixth Floor
John Fitch Plaza
PO Box 399
Trenton, NJ 08625-0399