{\pwd2\ansi\ansicpg1252\deff0\deflang1033\deflangfe1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} {\stylesheet{ Normal;}{\s1 heading 1;}{\s2 heading 2;}{\s3 heading 3;}{\s4 heading 4;}{\s5 heading 5;}{\s6 heading 6;}} \viewkind4\uc1\pard\qc\ul\b\f0\fs28 CHAPTER 235\par \ul0\par \pard\s4\keepn\qc\ul RULES OF THE DIVISION OF WORKERS\rquote COMPENSATION\par \pard\qc\ul0\fs24\par \pard\s1\keepn\qc Authority: N.J.S.A. 34:1-20, 34:1A-3(e), 34:1A-12(b), (c) and 34:15-64.\par \pard\qc\par \pard\s2\keepn\qc Department of Labor and Workforce Development\b0\par \pard\qc\b Division of Workers' Compensation\par Authorized by: David J. Socolow, Commissioner, Department of Labor & Workforce Development\par \par Revision Date: February 21, 2006\par \par \i (Note: If viewing this document on-line using Adobe Reader, click on the option called \ldblquote Show Navigation\rdblquote or \ldblquote Bookmarks\rdblquote to bring up the hyper-linked Table of Contents)\par \pard\qj\b0\i0\par \pard\b TABLE OF CONTENTS:\par \pard\qj\tx2340 SUBCHAPTER 1. \tab GENERAL PROVISIONS\par \pard\qj\b0 12:235-1.1 \tab Purpose; scope\par \pard 12:235-1.2 \tab Construction\par 12:235-1.3 \tab Certification in lieu of oath\par \pard\qj 12:235-1.4 \tab (Reserved)\par 12:235-1.5 \tab (Reserved)\par \pard 12:235-1.6 \tab Maximum workers' compensation benefit rates\par \pard\qj 12:235-1.7 \tab (Reserved)\par \pard 12:235-1.8 \tab (Reserved)\par \par \pard\s1\keepn\qj\tx2340\b SUBCHAPTER 2. \tab DEFINITIONS\par \pard\b0 12:235-2.1 \tab Definitions\par \pard\s2\keepn\qj\par \pard\s2\keepn\qj\tx2340\b SUBCHAPTER 3. \tab FORMAL CLAIMS\par \pard\b0 12:235-3.1 \tab Initial Pleadings\par 12:235-3.2 \tab Motions for temporary disability and/or medical benefits\par 12:235-3.3 \tab Other motions\par 12:235-3.4 \tab Third party joinder by respondent\par 12:235-3.5 \tab Conditions allowable for discovery\par 12:235-3.6 \tab Discovery\par 12:235-3.7 \tab Testimony of injured or ill petitioner by depositions\par 12:235-3.8 \tab Certification of pre-existing conditions\par 12:235-3.9 \tab Pre-trial conference\par 12:235-3.10 \tab Conduct of formal hearings\par \pard\fi-1440\li1440\ri-630 12:235-3.11 \tab Orders Approving Settlement reached pursuant to N.J.S.A. 34:15-20\par \pard\fi-1440\li1440 12:235-3.12\tab Notice of appeal\par 12:235-3.13\tab Interpreters\par 12:235-3.14 \tab Enforcement\par 12:235-3.15 \tab Hearing to request a stay of the order or judgment\par \par \pard\s2\keepn\qj\tx2340\b SUBCHAPTER 4.\tab INFORMAL HEARINGS\par \pard\qj\b0 12:235-4.1\tab Purpose of informal hearings\par \pard\fi-1440\li1440 12:234-4.2\tab Filing of an application for an informal hearing\par 12:235-4.3\tab Contents of the application\par 12:235-4.4 \tab Scheduling of informal hearings\par 12:235-4.5\tab Attendance at hearings\par 12:235-4.6\tab Representative of employer of carrier\par 12:235-4.7\tab Registration of representatives for employers or carriers\par 12:235-4.8 \tab Representation of claimant\par 12:235-4. 9 \tab Procedure where employer has no insurance\par 12:235-4.10\tab Allowance of attorney fees\par 12:235-4.11\tab Commencement of informal hearings\par 12:235-4.12\tab Determination of issues\par 12:235-4.13 \tab Acceptance of settlement recommendations and entry of informal award\par 12:235-4.14\tab Fee for service of physician\par 12:235-4.15 \tab Denial of compensability or refusal to accept findings of informal hearings\par 12:235-4.16 \tab Failure of employer or carrier to appear\par 12:235-4.17 \tab Adjournment\par 12:235-4.18\tab (Reserved)\par \par \pard\s1\keepn\qj\tx2340\b SUBCHAPTER 5. \tab SECOND INJURY FUND CASES\b0\par \pard 12:235-5.1\tab General procedure\par 12:235-5.2\tab Payment of benefits\par 12:235-5.3\tab Filing\par \par \pard\s2\keepn\qj\tx2340\b SUBCHAPTER 6. \tab COMMUTATION OF AWARD\par \pard\b0 12:235-6.1 \tab Application for commutation\par 12:235-6.2 \tab Application form for commutation\par 12:235-6.3 \tab Approval or disapproval of application for commutation\par \par \pard\s2\keepn\qj\tx2340\b SUBCHAPTER 7.\tab UNINSURED EMPLOYER\rquote S FUND\par \pard\b0 12:235-7.1 \tab Purpose; scope\par \pard\fi-1440\li1440 12:235-7.2 \tab Filing notice of an uninsured claim; personal service; subpoena duces tecum; third party joinder;\par 12:235-7.3\tab Certification\par 12:235-7.4\tab Medical bills; physician\rquote s examination\par 12:235-7.5 \tab Assignment of cases; schedules\par 12:235-7.6 \tab Payments from the UEF\par 12:235-7.7\tab Attorney fees\par \pard\qj 12:235-7.8 \tab Asbestos exposure claims under N.J.S.A. 34:15-33.3\par 12:235-7.9 \tab Certification to the UEF, medical information in asbestos exposure\tab cases\par \pard\fi-1440\li1440\par \par \pard\s2\keepn\qj\tx2340\b SUBCHAPTER 8.\tab DISCRIMINATION COMPLAINTS\par \pard\b0 12:235-8.1 \tab Filing discrimination complaints\par 12:235-8.2 \tab Contents of discrimination complaints\par 12:235-8.3 \tab Attachments to discrimination complaints\par 12:235-8.4 \tab Investigation of discrimination complaints; appeal procedures\par \par \pard\fi-2880\li2880\qj\tx2340\b SUBCHAPTER 9. \tab ASSIGNMENT AND SUPERVISION OF JUDGES\b0 \b\par \pard\b0 12:235-9.1 \tab Assignment of Judges\par 12:235-9.2 \tab Assignment to supervisory positions\par 12:235-9.3 \tab Personnel functions\par \pard\qj\par \pard\s5\keepn\qj\tx2430\b SUBCHAPTER 10. \tab CONDUCT OF JUDGES\par \pard\fi-1440\li1440\qj\b0 12:235-10.1 \tab A judge should perform the duties of judicial office impartially and diligently\par 12:235-10.2 \tab Courtesy and civility\par 12:235-10.3 \tab Conduct of attorneys\par 12:235-10.4 \tab Conduct of witnesses and others having business before the court\par 12:235-10.5 \tab A judge should uphold the integrity and independence of the judiciary\par 12:235-10.6 \tab A judge should avoid impropriety and the appearance of impropriety in all activities\par 12:235-10.7 \tab Disqualification of a judge\par 12:235-10.8 \tab A judge may engage in activities to improve the law, the legal system, and the administration of justice\par 12:235-10.9 \tab A judge shall so conduct the judge's personal activities as to minimize the risk of conflict with judicial obligations\par 12:235-10.10 \tab Other compensation\par 12:235-10.11\tab A judge shall refrain from political activity\par 12:235-10.12 \tab Medical reports\par 12:235-10.13 \tab Causes for discipline or removal\par 12:235-10.14 \tab Forms of discipline\par 12:235-10.15 \tab Minor discipline\par 12:235-10.16 \tab Major Discipline\par 12:235-10.17 \tab Establishment of Commission on Judicial Performance\par 12:235-10.18 \tab Initial Review by the Commission\par 12:235-10.19 \tab Evidentiary Review By the Commission\par 12:235-10.20\tab Recommendations of the Commission\par 12:235-10.21\tab Final Hearing\par 12:235-10.22 \tab Confidentiality\ul\par \ul0 12:235-10.23 \tab Judicial independence and discipline process\par \par \pard\s2\keepn\qj\tx2340\cf1\b SUBCHAPTER 11. \tab ACCIDENT REPORTS\par \pard\qj\cf0\b0 12:235-11.1 \tab Employer\rquote s First notice of accidental injury or occupational disease\par 12:235-11.2 \tab Employer\rquote s final report of accidental injury or occupational disease\ul\par \ul0 12:235-11.3 \tab Penalty for noncompliance\par \par \pard\s2\keepn\qj\tx2340\b SUBCHAPTER 12. \tab SURCHARGE COLLECTION PROCEDURES\par \pard\qj\b0 12:235-12.1\tab Purpose and scope\par 12:235-12.2 \tab Definitions\par 12:235-12.3 \tab Reporting compensation paid\par 12:235-12.4 \tab Calculation and notification of surcharge\par 12:235-12.5 \tab Surcharge collection procedure\par 12:235-12.6 \tab Verification and audit procedures\par 12:235-12.7 \tab Earned premium notification\par 12:235-12.8 \tab Forms\par 12:235-12.9 \tab Penalties\par \pard\qj\tx2250\par \pard\fi-2340\li2340\tx2340\b SUBCHAPTER 13. \tab ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES\par \pard\fi-2160\li2160\tx1440\tx2160\b0 12:235-13.1\tab General\par 12:235-13.2\tab Notice and demand for proof of coverage\par 12:235-13.3\tab Acceptable proofs\par 12:235-13.4\tab Failure to respond\par 12:235-13.5\tab Hearings\par 12:235-13.6\tab Payments\par \pard\qj\b\par \pard\s1\keepn\qj\tx2340 SUBCHAPTER 14. \tab STANDARD FORMS\par \pard\qj\tx1440\b0 12:235-14.1 \tab Listing of forms\par 12:235-14.2 \tab Sample forms\par \pard\qj\par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \par \b\par \ul SUBCHAPTER 1. GENERAL PROVISIONS\par \b0\ul0\par \b 12:235-1.1 \tab Purpose and scope\par \b0\par \pard\fi-720\li1440\qj (a) \tab The purpose of this chapter is to establish rules to carry out the responsibilities of the Division of Workers' Compensation under the Act.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab This chapter shall apply to all persons subject to the Workers' Compensation Law, N.J.S.A. 34:15-7 et seq.\par \pard\qj\par \b 12:235-1.2 \tab Construction\par \b0\par \pard\fi720\qj The rules contained in this chapter shall be construed to secure a just determination, simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed or dispensed with if strict adherence would cause an injustice.\par \pard\qj\par \b 12:235-1.3 \tab Certification in lieu of oath \par \b0\par \pard\fi-720\li1440\qj (a) \tab Claim petitions shall be notarized and filed under oath as set forth in N.J.S.A. 34:15-51 and 34:15-52 and in accordance with N.J.A.C. 12-235-3.1.\par \pard\qj\tx1080\par \pard\fi-1440\li1440\qj\tx720\tab (b) \tab Certifications in lieu of oath as provided in the New Jersey Rules of Court may be used for motions and any other documents filed with the Court. \par \pard\qj\par \b 12:235-1.4 \tab Still and television camera and audio coverage of proceedings\par \b0\tab\par \pard\fi-720\li1440\qj (a) \tab All requests for still and television camera and audio coverage of proceedings shall be forwarded to the Chief Judge.\par \pard\qj\par \pard\fi-720\li1440\qj (b)\tab Such requests shall be considered in accordance with Department procedures and the \ldblquote New Jersey Supreme Court Guidelines For Still And Television Camera And Audio Coverage of Proceedings In The Courts Of New Jersey\rdblquote , which are incorporated herein by reference and contained in Vicinage Operations Directive #10-03 issues by Richard J. Williams, Administrative Director, on October 8, 2003.\par \pard\qj\par \b 12:235-1.5 \tab (Reserved)\par \par \par \par \par \par \par \b0\par \b 12:235-1.6 \tab Maximum workers' compensation benefit rates\par \b0\par \pard\fi-720\li1440\qj (a) \tab In accordance with the provisions of N.J.S.A. 34:15-12(a), the maximum workers\rquote compensation benefit rate for temporary disability, permanent total disability, permanent partial disability, and dependency is hereby promulgated as being $650.00 per week.\par \pard\fi-720\li720\qj\par \pard\fi-720\li1440\qj (b) \tab The maximum compensation shall be effective as to injuries occurring in the calendar year 2004.\par \pard\qj\par \b 12:235-1.7 \tab (Reserved)\par \b0\par \b 12:235-1.8 \tab (Reserved)\par \par \par \par \ul SUBCHAPTER 2. DEFINITIONS\par \b0\ul0\par \b 12:235-2.1 \tab Definitions\par \b0\par \pard\fi720\qj The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.\par \pard\qj\par \pard\fi720\qj\ldblquote Act\rdblquote means Workers' Compensation Law, N.J.S.A. 34:15-7 et seq.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote Division\rdblquote means the Division of Workers' Compensation, PO 381, Trenton, New Jersey 08625-0381.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote Chief Judge\rdblquote means the Director/Chief Judge of the Division.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote Commissioner\rdblquote means the Commissioner of Labor or his or her designee.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote Department\rdblquote means the New Jersey Department of Labor.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote Director\rdblquote means Director/Chief Judge of the Division.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote Judge\rdblquote means Judge of Compensation.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote N.J.A.C.\rdblquote means New Jersey Administrative Code.\par \pard\qj \tab\par \pard\fi720\qj\ldblquote N.J.S.A.\rdblquote means New Jersey Statutes Annotated.\par \pard\li720\qj\par \pard\fi720\qj \ldblquote Respondent,\rdblquote \ldblquote employer\rdblquote or \ldblquote insurance carrier\rdblquote are used interchangeably.\par \pard\qj\par \par \ul\b\par SUBCHAPTER 3. FORMAL CLAIMS\par \b0\ul0\par \b 12:235-3.1 Initial Pleadings \par \pard\fi720\sb240\qj\b0 (a)\tab Claim petitions shall be subject to the following:\par \pard\li720\qj\tx720\par \tab 1. \tab The claim petition may be filed electronically or on paper.\par \pard\fi720\qj\par \pard\fi-720\li2160\qj 2. \tab Claim petitions filed on paper shall be verified by the claimant and include the date of the signature and verification. The formal hearing process shall be initiated by the filing of a verified claim petition in duplicate with the central office of the Division within the time prescribed by law on a form prescribed by the Division. Claim petitions filed electronically shall follow the procedures in (c) below. If an attorney for the petitioner knowingly files an incomplete or inaccurate petition any fee that may be awarded may be reduced by 15 percent or $200.00, whichever is greater. \par \pard\fi720\qj\par \pard\fi-720\li2160\qj 3.\tab Except as provided in subsection (a)2 above, all paper pleadings, motions and briefs shall be signed by the attorney of record, or the attorney's associate or by the party if pro se. Signatures of a firm may be typed, followed by the signature of an attorney of the firm. Signatures on any duplicate original or carbon copy required to be filed may be typed. Every paper to be filed shall bear the date on which it was signed. \par \pard\qj\par \pard\fi-720\li2160\qj 4.\tab The signature of an attorney or party pro se constitutes a certification that the signatory has read the pleading or motion; that to the best of the signatory's knowledge, information and belief there is good ground to support it.\par \pard\li630\qj \par \pard\fi-720\li2160\qj 5.\tab Material allegations, if known, shall be stated. Material allegations include a description of the accident or occupational exposure, the nature of the injury, the date and place of the occurrence, the wage, compensation benefits provided to date, a description of all other claims made for this injury and all other information requested on the prescribed form. \par \pard\fi-720\li1440\qj\par \pard\fi-720\li2160\qj 6.\tab Claim petitions by or on behalf of a worker seeking compensation for injury caused by an accident shall describe the date, place and description of the accident, the injury, the name and address of the employer, the name and address of the treating provider, the name of the compensation insurer and all other pertinent information required by the Act and these rules.\par \pard\qj\par \pard\fi-720\li2160\qj 7.\tab Claim petitions filed by dependents for benefits provided by N.J.S.A. 34:15-13 shall set forth the identity, address, relationship and date of birth of all dependents, the social security number of the decedent, the date and cause of death, whether compensation benefits were paid or claimed during the deceased's lifetime, and the type and amount of benefits claimed. To the extent applicable, the petitioner shall comply with the information required for accidental injury claims or occupational disease claims. Multiple claims arising from one decedent shall be consolidated for disposition. \par \pard\qj\par \pard\fi-720\li2160\qj 8.\tab All known multiple occupational claims by a worker or dependent against the same respondent employer shall be joined in one petition. Claim petitions for occupational disease as defined by N.J.S.A. 34:15-31 which are filed on behalf of a worker shall describe the dates, place and description of the exposure and the injury or illness claimed to have occurred as a result of the exposure. The occupational disease petition shall include the name and address of the employer(s) and the identity of its compensation insurer for the pertinent period of time as well as all other information required in filing a claim petition required by this section. The Division shall notify all parties of disposition. \par \pard\qj\par \pard\fi-720\li2160\qj 9.\tab Vague or evasive pleadings may be stricken or a claim petition dismissed without prejudice on motion brought by a party or the Judge of Compensation on notice. Claim petitions which merely describe the injury or illness by generic definition, such as orthopedic, internal, neuropsychiatric or similar terms without description of the particular injury shall be considered vague or evasive. \par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Answers to a claim petition may be filed electronically or on paper subject to the following:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab The answer of the respondent to a claim petition shall be on a form prescribed by the Division and shall, if known, contain the following:\par \pard\li720\qj\par \pard\fi720\li1440\qj i. \tab The name and address of the respondent's attorney;\par ii. \tab The name and address of the carrier;\par iii. \tab The carrier's claim number;\par iv. \tab The employer's State registration number;\par v. \tab An admission or denial of employment;\par \pard\fi-720\li2880\qj vi. \tab An admission or denial if accident or illness arose out of and in the course of employment;\par \pard\fi720\li1440\qj vii. \tab Gross weekly wage;\par viii. \tab Benefit rates;\par ix. \tab Medical providers;\par x. \tab Temporary disability paid, if any; and\par xi. \tab An admission or denial of jurisdiction.\tab\par \pard\qj \tab\tab\par \pard\fi-720\li2160\qj 2. \tab The answer shall be filed with the office to which the claim is assigned within 30 days of the date of service of the petition except for good cause shown. The answer may be prepared by the attorney for the respondent based upon knowledge, information or belief and shall be regarded as his or her certification of its contents without the necessity of an affidavit. \par \pard\fi720\li720\qj\par \pard\fi-720\li2880\qj i.\tab If the answer is filed on paper, it shall be filed with the office to which the claim is assigned. A copy of the answer shall be forwarded to the petitioner\rquote s attorney by first class mail, or its equivalent.\par \pard\qj\par \pard\fi-720\li2880\qj ii.\tab If an answer is filed electronically with the Division and the petitioner\rquote s attorney is a duly authorized electronic filer with the Division, the Division shall cause the answer to be forwarded to the petitioner\rquote s attorney in electronic format which will constitute service under the rules.\par \pard\qj\tx2520\par \pard\fi-1440\li2880\qj\tx1440 iii. \tab If an answer is filed electronically with the Division and the petitioner\rquote s attorney is not a duly authorized electronic filer with the Division, the respondent\rquote s attorney shall serve a copy of the answer on paper with the petitioner\rquote s attorney by first class mail, or its equivalent.\par \pard\qj\par \pard\fi-720\li2160\qj 3.\tab If the answer is not filed as specified in (b)1 and 2 above, the Judge of Compensation to whom the case is assigned may, on motion, either suppress the defenses and permit the petitioner to prove his or her case, or permit the filing of the answer on such terms as may be fixed in the discretion or the Judge of Compensation.\par \pard\fi-720\li1440\qj\par \pard{\pntext\f0 4.\tab}{\*\pn\pnlvlbody\pnf0\pnindent360\pnstart4\pndec{\pntxta.}} \fi-720\li2160\qj\tx2160 If the respondent knowingly files an incomplete or inaccurate answer or unnecessarily delays filing an answer, such circumstances shall be considered in the apportionment of any counsel fee awarded.\par \pard\li720\qj\par \pard\fi-720\li2160\qj 5. \tab Answers which put petitioner to proofs without conforming with(b)(1) and (2) above may be stricken and subject to the penalties pursuant to Section 12:235-3.14 of these Rules.\par \pard\qj\par \pard\fi-1440\li1440\qj\tx720\tab (c)\tab Petitions and answers filed electronically shall be accepted by the Division in lieu of paper pleadings provided:\par \pard\qj\tx2160\par \pard\fi-2160\li2160\qj\tx720\tx1440\tab\tab 1.\tab The filer is an attorney licensed in the State of New Jersey and duly authorized by the Division to file pleadings electronically.\par \pard\fi-1440\li1440\qj\tx720\tx1440\par \pard\fi-2160\li2160\qj\tx720\tx1440\tab\tab 2.\tab The filer submits the pleading in the format approved by the Division.\par \pard\fi-1440\li1440\qj\tx720\tx1440\par \pard\fi-2160\li2160\qj\tx720\tx1440\tab\tab 3.\tab The filer makes an identical paper copy of the electronically submitted pleading and obtains thereon a verification by oath, affirmation or certification of the petitioner or respondent, as applicable, as to the accuracy of the information set forth therein.\par \pard\fi-1440\li1440\qj\tx720\tx1440\par \pard\fi-2160\li2160\qj\tx720\tx1440\tab\tab 4.\tab The filer shall retain, as an officer of the court, the duly verified pleading and shall make same available to the Division and/or his/her adversary upon request.\par \pard\fi-1440\li1440\qj\tx720\tx1440\par \pard\fi-2160\li2160\qj\tx720\tx1440\tab\tab 5.\tab Failure to maintain the paper copy of said pleadings and make it available within a reasonable time upon proper request shall constitute grounds for the revocation of the privilege of electronic filing in addition to whatever other sanction may be deemed appropriate under the law.\ul \par \pard\qj\par \pard\fi-720\li1440\qj\ul0 (d)\tab Upon receipt of an electronically filed pleading the Division shall send an electronic copy of same to the insurance carrier, third party administrator or designated legal representative of the respondent provided that the insurance carrier, third party administrator or designated legal representative has requested to be and has been approved by the Division to receive such pleadings. Notification of the electronic pleading to the electronic address of the approved recipient shall constitute valid service of process.\par \pard\li720\qj\ul\par \pard\fi-720\li1440\qj\ul0 (e)\tab Claim petitions filed electronically where the insurance carrier, third party administrator or designated legal representative is not approved to receive service of an electronic pleading shall be sent by the Division to the addressee specified in the claim petition, by regular mail together with a request for Acknowledgment of Service in accordance with N.J.S.A. 34:15-51 and N.J.S.A. 34:15-52. Answers shall likewise be submitted by regular mail in accordance with (b)2i.\par \pard\qj\par \pard\fi-720\li1440\qj (f) \tab Claim petitions will be assigned in the following priority order: the vicinage for the county where the petitioner resides, the vicinage for the county where the respondent is situated, or the vicinage for the county where the accident or exposure occurred.\par \pard\qj\tab\par \tab (g)\tab A copy of the claim petition shall be forwarded by the Division to the \line \tab\tab respondent either electronically for electronic filers, by regular mail, or by \par \pard\li1440\qj registered mail return receipt requested if served pursuant to N.J.S.A. 34:15-55.1. Where a motion for default has been filed, the petitioner must provide proof that the claim petition and motion for default have also been served personally on the respondent, its agents, and/or corporate officers as applicable, pursuant to R. 4:4-4 of the New Jersey Rules of Court.\par \pard\qj\ul\par \par \b\ul0 12:235-3.2 \tab Motions for temporary disability and/or medical benefits\par \b0\par \pard\fi-720\li1440\qj (a) \tab In all motions by the petitioner for temporary disability or medical benefits, the original notice of motion shall be filed with the district office to which the case is assigned and a copy of the notice of motion and claim petition served by certified mail or personal service on the attorneys of record. If the attorney of record is unknown, then service shall be made by certified mail on the respondent(s) and its carrier(s). If it is a new claim petition and it is a claim petition filed on paper, then the notice of motion shall also be filed with the central office. Motions for temporary disability and/or medical benefits must evidence that petitioner is currently temporarily totally disabled and/or in need of current medical treatment. Where only past periods of temporary total disability and/or medical expenses are claimed by petitioner, such issues should be presented at pretrial for resolution or trial and not by motion under this section.\par \pard\qj\ul\par \pard\fi-720\li1440\qj\ul0 (b) \tab The notice of motion for temporary disability or medical benefits shall be on a form prescribed by the Division and shall contain:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A detailed account of compensable lost time claimed by the petitioner, indicating any period paid by the respondent;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab Affidavits or certifications made in personal knowledge by the petitioner or the petitioner's attorney, as well as the report(s) of a physician(s) stating the medical diagnosis and the specific type of diagnostic study, referral to specialist, or treatment being sought, and, if available, an itemized bill and report of the treating physicians or institutions or both for which services past, present and future, petitioner is seeking payment and such other evidence as shall relate to the petitioner's claim for temporary disability and/or medical treatment; and\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab If the petitioner, having received treatment, cannot secure a report of the medical provider authorized by the respondent, it shall be set forth in the affidavit in lieu of the physician's report.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab If an attorney for the petitioner knowingly files an incomplete, inaccurate or misleading notice of motion for temporary disability and/or medical benefits, or an attorney for the respondent files an untimely, incomplete, inaccurate or misleading answer, the attorney may be assessed a penalty in accordance with 12:235-3.14.\par \pard\fi-720\li720\qj\par \pard\fi-720\li1440\qj (d) \tab Except for good cause shown, respondent(s) shall file an answer within 21 days of service of the motion or within 30 days after service of the claim petition whichever is later.\par \pard\fi-720\li720\qj\par \pard\fi-720\li1440\qj (e) \tab When the Division has received a notice of motion for temporary disability and/or medical benefits filed in accordance with (a), (b) and (c) above, it shall list the motion for a hearing before a Judge of Compensation peremptorily within 30 days of the filing of the motion. Motions for medical and/or temporary benefits shall commence and continue in a timely manner subject to the scheduling constraints of the Division. Said scheduling may be accelerated as ordered by the Director, the Supervising Judge of the vicinage, or the Judge of Compensation to whom the case is assigned.\par \pard\fi-720\li720\qj\par \pard\fi-720\li1440\qj (f) \tab Affidavits, certifications and medical reports submitted in accordance with (b) above in support of the motion may constitute a prima facie case and may be sufficient basis for the issuance of an order compelling the respondent to provide the relief sought unless respondent files supporting affidavits or certifications to oppose said motion on a legal or factual basis, or files medical reports if there is a medical basis to oppose said motion. No order shall be issued until 30 days after service of the claim petition.\par \pard\fi-720\li720\qj\par \pard\fi-720\li1440\qj (g) \tab Examination, if required by respondent, shall be completed within 30 days of receipt of the motion and the report issued in not more than 35 days from receipt of the motion and shall not delay the start of the hearing of the motion except for good cause shown.\par \pard\fi-720\li720\qj\par \tab (h)\tab For motions where it appears the only issue involved is which carrier or \line\tab employer is liable to petitioner for the benefits sought, a judge of \line\tab compensation may order one carrier or employer to pay benefits without \line\tab prejudice and subject to an order of reimbursement if another party is later \line\tab held liable for such benefits.\par \pard\qj\par \pard\fi-720\li1440\qj\tx1440 (i)\tab On conclusion of the hearing on the motion for temporary and/or medical benefits, the Judge of Compensation shall, within 15 days, render a final decision on the motion and notify the respective counsel of the decision. In computing the 15 days' time, the 15 days shall be from the last day of hearing or from the date of filing of briefs as ordered by the Judge, whichever is later. Under no circumstances shall briefs be filed later than 15 days after the hearing.\par \pard\li720\qj\par \pard\fi-720\li1440\qj (j)\tab Every carrier and self-insured employer shall designate a contact person \line who is responsible for responding to issues concerning medical and temporary disability benefits where no claim petition has been filed or where a claim petition has not been answered. The full name, telephone number, address, e-mail address, and fax number of the contact person shall be submitted to the Division. Whenever any of this information about the contact person needs to be updated, such updated information shall be submitted to the Division. After an answer is filed with the division, the attorney of record for the respondent shall act as the contact person in the case.\par \pard\qj\par \b 12:235-3.3 \tab Other motions\par \b0\par \pard\fi-720\li1440\qj (a) \tab All other motions shall be in the form of a notice of motion, the original of which shall be filed with the district office to which the case is assigned with copies served on petitioner(s), respondent(s), carrier(s), or attorney(s). Every notice of motion shall include the factual and legal basis for the relief requested and a proposed form of order in triplicate.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab If the notice of motion or responsive pleading relies on facts not of record, it shall be supported by affidavit made on personal knowledge setting forth facts which are admissible in evidence to which the affiant is competent to testify. The notice of motion shall be considered uncontested unless responsive papers are filed and served within 14 days of the service of the notice of motion.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Motions to dismiss for lack of prosecution pursuant to N.J.S.A. 34:15-54 and motions to suppress defenses shall be listed for hearing. All other motions shall be disposed of on the papers, unless a Judge of Compensation directs oral argument or further proceedings, in which event a hearing shall be scheduled within 30 days from the filing of the last papers contemplated by this section. At the conclusion of any such hearing the Judge of Compensation shall render a decision and enter an appropriate order within 30 days.\par \pard\qj\par \b 12:235-3.4 \tab Third party joinder by respondent\par \b0\par \pard\fi-720\li1440\qj (a) \tab A respondent who alleges that another employer or insurance carrier may be liable for all or part of the benefits claimed by the petitioner may move to join such employer or insurance carrier as a responding party to the original claim petition by notice of motion which shall be supported by a definitive statement setting forth the factual and legal basis for the relief sought.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A copy of the motion and supporting statement with a copy of the original claim petition shall be served upon the party sought to be joined and all other parties.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab It shall be the responsibility of the moving party to give notice of any hearing of the motion to the party sought to be impleaded.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab Such motion shall be granted only where the moving party has satisfied the Judge of Compensation that there exists a substantial likelihood that the party to be joined is or may be liable for compensation benefits to the petitioner.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab If the order sought is granted, the order shall be served upon the party joined forthwith who shall file an answer within 30 days of the date of service of the order.\par \pard\qj\par \pard\fi-720\li1440\qj (f) \tab In cases where it appears that the only issue involved is which carrier or employer is liable to the petitioner for the benefits sought, the Judge of Compensation may order the moving party to pay the benefits in whole or in part as a condition of joinder subject to an order for reimbursement, if another party is held to be liable for such benefits.\par \pard\qj\par \pard\fi-720\li1440\qj (g) \tab If a respondent knowingly files an incomplete, inaccurate or frivolous motion for third party joinder, such circumstances may be considered in the apportionment of any counsel fee awarded, in addition to a counsel fee not to exceed $ 200.00 to each opposing counsel of each party sought to be joined.\par \pard\qj\par \b 12:235-3.5 \tab Conditions allowable for discovery\par \b0\par \pard\fi-720\li1440\qj (a) \tab Discovery, except a deposition for preservation of testimony, may be allowed in those contested cases where there are issues in dispute in addition to the nature and extent of petitioner's temporary or permanent disability.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab All discovery shall be concluded within 180 days from the filing of respondent's answer or from petitioner's last authorized medical treatment, whichever date is later. A Judge of Compensation may extend or reopen discovery on his or her own motion or on application of a party for good cause appearing.\par \pard\qj\par \b 12:235-3.6 \tab Discovery\par \b0\par \pard\li720\qj (a) \tab Interrogatories shall be allowed without motion in dependency cases.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Interrogatories shall be allowed without motion where the injured worker is treated by the employer's physician and where medical information is not available to the worker.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The employer shall be required to furnish or make available for inspection and copying all records of medical treatment, examinations and diagnostic studies authorized by the respondent. The respondent shall have the same right when the worker is treated by his or her own physician. If either party fails to furnish said information within 30 days of receipt of demand of records, it may be responsible to reimburse its adversary for the cost of procuring the same.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab Interrogatories shall be allowed without motion in cases of review or modification of a prior award on the grounds of increase or decrease of disability. The party seeking such review or modification shall furnish the adversary party with a chronology of the pertinent events from the date of the last award or judgment to the filing of the petition for the increase or decrease of disability indicating the essential facts upon which the petition is grounded.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab Interrogatories in those cases allowed without motion shall be served by the petitioner not later than 30 days after service of the answer to the petition and by the respondent not later than 15 days after the service of its answer. Answers to the interrogatories shall be served within 45 days after service of the interrogatories. A Judge of Compensation upon motion for good cause may enlarge the time provided for service of answers. Supplemental interrogatories may be allowed on motion for good cause shown.\par \pard\qj\par \pard\fi-720\li1440\qj (f) \tab In occupational disease cases, a party may propound interrogatories only by demanding in the initial pleading that the opposing party answer the standard form interrogatories as listed in N.J.A.C. 12:235-14.1. The demand shall be stated in the claim petition by the petitioner and in the answer by the respondent immediately following signature. Interrogatory answers shall be served by all parties within 90 days from the filing of respondent's answer to the claim petition. A Judge of Compensation upon motion for good cause may extend the time provided for service of answers. Supplemental interrogatories may be allowed on motion for good cause shown.\par \pard\qj\par \pard\fi-720\li1440\qj (g) \tab Interrogatories may be allowed in other cases, upon motion, for good cause shown.\par \pard\qj\par \pard\fi-720\li1440\qj (h) \tab Depositions of witnesses may be allowed, upon motion, for good cause shown. \par \pard\qj\par \pard\fi-720\li1440\qj (i) \tab If timely response to a discovery demand has not been provided under this rule and no motion for an extension has been made, the party entitled to the discovery may move, on notice, for an order dismissing the claim petition for lack of prosecution or suppressing the defenses of the delinquent party which are pertinent to the unanswered interrogatories. See N.J.A.C. 12:235-3.3\i .\i0 Such noncompliance may also be the subject of an enforcement action under N.J.A.C.12:235-3.14. Failure to move to dismiss the claim petition or suppress defenses, as appropriate, prior to the first trial date shall be deemed a waiver of a discovery demand.\par \pard\qj\par \b 12:235-3.7 \tab Testimony of injured or ill petitioner by depositions\par \b0\par \pard\fi-720\li1440\qj (a) \tab A petitioner seeking compensation who is in such a physical condition that it is imperative that his or her testimony be taken by deposition, in order to preserve the person's rights or those of his or her estate or dependents, may give a deposition.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The deposition may be ordered by a Judge of Compensation upon notice to the adverse party and taken before a certified shorthand reporter.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The appearance by an attorney for the respondent shall not constitute a waiver of any of the rights of the respondent or its insurance carrier.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab A report from a physician shall be attached to the application to take depositions stating the medical basis upon which the deposition is sought.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab A deposition for this purpose may also be taken by consent of all parties, provided there is a report from a physician stating the medical basis upon which the deposition is sought.\par \pard\qj\par \b 12:235-3.8 \tab Certification of pre-existing conditions\par \b0\par \pard\fi-720\li1440\qj (a) \tab In all cases in which the petitioner claims total and permanent disability, the petitioner or petitioner's attorney shall, prior to the first hearing date, furnish to all other parties a written certification as to the existence of any condition pre-existing the last claimed compensable episode.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The certification shall include the names and addresses of physicians and institutions furnishing treatment or examinations for any such pre-existing conditions.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The petitioner may in lieu of furnishing actual records or reports, furnish executed authorizations for the records and reports of each such physician and institution.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab Copies of all records and reports so obtained by the respondent shall be furnished to the petitioner or petitioner's attorney within 10 days of receipt.\par \pard\qj\par \par \b 12:235-3.9 \tab Pre-trial conference\par \b0\par \pard\fi-720\li1440\qj (a) \tab In any formal proceeding, the Division shall schedule a pre-trial conference where the following shall be accomplished:\par \pard\qj\par \pard\fi720\li720\qj 1. \tab All medical reports shall be exchanged;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab The Judge and the attorneys shall agree upon the type of examination(s) required by each party;\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab The Judge and the attorneys shall make a sincere effort to limit issues; and\par \pard\qj\par \pard\fi-720\li2160\qj 4. \tab A pre-trial memorandum on a form prescribed by the Division shall be executed.\par \par \tab (i)\tab Any party that intends to utilize videos or other electronic \line\tab media, including surveillance tapes, must indicate that such \par \tab\tab media will be utilized at trial and identify the witness who \par \tab\tab will authenticate and testify concerning the materials to be \par \tab\tab presented in the \ldblquote Other Witness\rdblquote section of the pre-trial\line\tab memorandum or as an addendum to the pre-trial \line\tab memorandum. A party is not required to provide or exhibit \line\tab electronic information, including surveillance tapes, to \line\tab another party prior to the other party\rquote s testimony under \line\tab oath.\par \par \tab (ii)\tab A party may move to amend the pre-trial memorandum to \line\tab include any necessary changes including the introduction of \line\tab electronic materials obtained subsequent to the pre-trial.\par \pard\qj\par \pard\fi720\li720\qj 5. \tab There shall be an adjournment upon good cause shown.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Incomplete medical examinations by either party shall be considered good cause for the adjournment of a pre-trial conference; provided, however, that no such adjournment shall be granted unless each party requesting the adjournment shall supply to the Judge the name(s) of the examining physician(s) and the date(s) of the examination(s).\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Any case set down for pre-trial on more than one occasion, if not ready because of failure of respondent to comply with this section, shall be placed on the trial list, and in the event an award is made, such failure shall be considered in the apportionment of the counsel fee. This provision shall not apply in any case in which the failure to have medical examinations is due to petitioner's neglect or refusal to appear for the examinations, in which event the case shall be marked, "not moved."\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab Any case listed, in which no appearance is made on behalf of the petitioner and which is not adjourned for good cause, shall be marked "not moved" and may be administratively discontinued. A matter that has been administratively discontinued may be the subject of a motion to dismiss for lack of prosecution or any other appropriate basis. The case shall not be restored to the calendar except on notice of motion, provided however, the Judge of Compensation may for good cause and on the Judge\rquote s own motion restore a case marked "not moved" to the trial or pre-trial calendar. The counsel fee normally allowed shall be reduced within the discretion of the Judge of Compensation for each time a case has been marked "not moved" when the attorney for the petitioner is responsible for such marking. When a case has been marked "not moved" because of the petitioner\rquote s failure without good cause to submit to a physical examination at the request of the respondent, the petitioner may be penalized in the apportionment of fees or reimbursement of respondent\rquote s cost for a missed appointment at the discretion of the Judge of Compensation.\par \pard\qj\par \b 12:235-3.10 \tab Conduct of formal hearings\par \b0\par \pard\fi660\qj (a)\tab The following concern appearances:\par \pard\qj\par \pard\fi-360\li1800\qj\tx1800 1.\tab Only an attorney at law licensed to practice in the State of New Jersey shall act as attorney of record.\par \pard\li1440\qj\par \pard\fi-720\li2880\qj\tx2880 (i)\tab A substitution of attorney is permitted by filing a \line Substitution of Attorney (WC-10) form anytime up to the \line commencement of a trial when another attorney is being \line substituted to represent a party. At or after the commencement of a trial, a substitution of attorney must be \line approved by a Judge of Compensation.\par \pard\li2160\qj\par \pard\fi-720\li2880\qj (ii)\tab An attorney who has entered an appearance for a party \line must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, \line including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion. \par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab Unless otherwise required by law to be represented by counsel and subject to 1.ii. above when an attorney has entered an appearance, a party may appear pro se.\par \pard\fi-780\li1440\qj\par \pard\fi-720\li2160\qj 3. \tab A medical provider or carrier, who claims to have performed services or made payment for a work related condition or disability, may intervene by motion in a pending case, to seek payment or assert a lien. Such motion shall be supported by an affidavit or certification and shall include a copy of the bills for which payment is being sought. \par \pard\qj\par \pard\fi-780\li1440\qj (b) \tab Attorneys representing both petitioners and respondents shall provide sufficient personnel to handle all lists expeditiously.\par \pard\qj\par \pard\fi-780\li1440\qj (c) \tab Hearings shall be scheduled by the Director or a designated representative of the Director.\par \pard\qj\par \pard\fi-780\li1440\qj (d) \tab The Judge of Compensation shall, at the commencement of the day, call the list of cases in open court. No adjournment shall be granted unless there is found to be good cause. No adjournment shall be granted for medical examination unless the name of the examining physician and date of examination are supplied.\par \pard\qj \par \pard\fi-810\li1440\qj (e) \tab Trials shall commence and continue in a timely manner subject to scheduling constraints of the Division. Said scheduling may be accelerated as ordered by the Director, the Supervising Judge of the vicinage or the Judge of Compensation to whom the case has been assigned. A Judge shall issue a preemptory trial scheduling order for all cases that have been listed as a partial trial for six months. \par \pard\fi-660\li660\qj \par \pard\fi-1530\li2160\qj\tx1530\tab 1. \tab Except in situations where there is no material dispute of fact, issues shall not be decided until all sides have had the opportunity to provide full proofs based upon, but not limited to, oral testimony, affidavits and other proofs as stipulated by the parties or required by the judge.\ul\par \pard\qj\ul0\par \pard\fi-720\li2160\qj 2. \tab Except where the judge for good cause directs otherwise, the order of proofs at trial shall be:\par \pard\qj\par \pard\fi720\qj\tab\tab i. \tab Appearances;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj ii. \tab Stipulated facts;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj iii.\tab Rulings on motions including motions to modify order of \par \pard\qj\tab\tab\tab\tab proofs;\par \tab\tab\tab\par \pard\fi720\li1440\qj iv. \tab Opening Statements;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj v. \tab Testimony of petitioner;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj vi. \tab Testimony of petitioner\rquote s lay witnesses;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj vii. \tab Testimony of respondent\rquote s lay witnesses;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj viii. \tab Testimony of petitioner\rquote s non-medical expert witnesses;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj ix. \tab Testimony of respondent\rquote s non-medical expert witnesses;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj x. \tab Testimony of treating medical experts;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj xi. \tab Testimony of petitioner\rquote s medical experts unless testimony \par \pard\qj\tab\tab\tab\tab waived and reports submitted into evidence;\par \pard\fi-720\li2880\qj\par xii.\tab Testimony of respondent\rquote s medical experts unless testimony waived and reports submitted into evidence;\par \pard\qj\tab\tab \par \pard\fi720\li1440\qj xiii. \tab Ruling on motions at the conclusion of testimony including \par \pard\li2880\qj motions to call additional witnesses upon a showing of good cause;\ul\par \pard\qj\ul0\tab\tab\tab\par \pard\fi720\li1440\qj xiv. \tab Closing statements;\par \pard\qj\tab\tab\tab\par \pard\fi720\li1440\qj xv. \tab Post trial briefs.\ul\par \pard\qj\ul0 \par \pard\fi-720\li2160\qj 3. \tab Bifurcation of any trial may be permitted by the Judge to whom the case is assigned. The order of proof shall be determined by the Judge of Compensation.\par \pard\qj\par \pard\fi-720\li1440\qj (f) \tab All formal hearings or applications shall be conducted in open court, except: \par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab The Judge of Compensation to whom the case is assigned may deem the matter so delicate that the hearing of a party or witness in camera is warranted. When this occurs, a stenographic record shall be made.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab The telephonic testimony of a witness may be permitted for good cause by the Judge of Compensation to whom the case is assigned and with the consent of the parties. When this occurs, a stenographic record shall be made.\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab Deposition testimony of a witness in lieu of an appearance other than that provided under N.J.A.C. 12:235-3.7 may be permitted by the Judge of Compensation to whom the case is assigned and with the consent of the parties.\par \pard\qj\par \pard\fi-720\li2160\qj 4. \tab Testimony of witnesses by video teleconferencing procedures may be permitted for good cause by the Judge of Compensation to whom the case is assigned. When this occurs, a stenographic record shall be made and all costs associated with the use of video teleconferencing shall be borne by the requesting party.\par \pard\qj\par \pard\fi-720\li1440\qj (g) \tab All formal hearings including motions where a record is required shall be recorded stenographically by a certified shorthand reporter subject to such limitation as may be provided by statute.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Upon a determination reached at the conclusion of all hearings, including motions, the cost for the attendance of the certified shorthand reporter shall be assessed by the Judge of Compensation. Transcripts of the testimony may be obtained from the certified shorthand reporter at the official scheduled rates.\par \pard\qj\par \pard\fi-720\li1440\qj (h) \tab When there are pending in the Division two or more formal proceedings involving a common question of law or fact arising out of employment by the same employer or different employers, or out of the same accident or series of accidents, or out of the same exposure or series of exposures, to causes of occupational disease, the Judge of Compensation or the Director may, on motion, or on the Judge's own initiative, order a joint hearing of any or all matters in issue. The Director or the Judge of Compensation may order all such proceedings consolidated, and have such orders concerning proceedings designed to avoid unnecessary costs or delay. The order shall state the county in which the consolidated proceedings are to be heard.\par \pard\qj\par \pard\fi-720\li1440\qj (i) \tab Upon the commencement of a formal hearing, counsel may make opening statements on behalf of their respective clients. All matters agreed upon shall be stipulated upon the record. However, this shall not bar the parties from making further stipulations as the trial proceeds, until the close of the formal hearing.\par \pard\qj\par \pard\fi-720\li1440\qj (j) \tab Counsel may make closing statements or file post-trial briefs. Post-trial briefs, if ordered or volunteered, shall be submitted within 15 days after the conclusion of the hearing. Each party thereafter may have seven days to file a reply brief, if so desired or ordered.\par \pard\qj\par \pard\fi-720\li1440\qj (k) \tab Prior to the testimony of an expert witness, the producing party shall provide the Judge of Compensation and opposing counsel with a written curriculum vitae of the witness.\par \pard\qj\par \pard\fi-720\li1440\qj (l) \tab Questions calling for the opinion of an expert witness need not be hypothetical in form, unless the Judge of Compensation in the Judge's discretion so requires. If the hypothetical question is submitted in written form, counsel shall provide sufficient copies for the Judge of Compensation, opposing counsel, the witness and the stenographer, and the hypothetical question may be marked as an exhibit in the proceedings in lieu of reading it to the witness.\par \pard\qj\par \pard\fi-720\li1440\qj (m) \tab All medical experts for both parties who regularly examine petitioners to determine the nature and extent of their disability shall adhere to the vacation schedules established annually by the Director. If such medical expert is not available to testify because of an unexcused absence at any other time, the Judge of Compensation may require the party for whom such medical witness is to appear, to arrange for an examination and appearance at trial by another medical expert.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A medical expert who regularly examines petitioners means a medical expert who performs a minimum of 25 workers' compensation examinations per year.\par \pard\qj\par \pard\fi-720\li1440\qj (n) \tab All exhibits shall be marked with an identifying number, the date of submission and initials of the court reporter or the Judge.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab An exhibit list shall be prepared by the Judge to be retained in the file and forwarded to the Division for microfilming and storage.\par \pard\li270\qj\par \pard\fi-720\li2160\qj 2. \tab At the conclusion of the hearing, the Judge shall determine which exhibits are to be retained in the file and forwarded to the Division for microfilming and storage.\par \pard\li270\qj\par \pard\fi-720\li2160\qj 3. \tab All other exhibits shall be returned to respective counsel for retention until the expiration of time for appeal or 20 years as determined by the Judge.\par \pard\qj\par \pard\fi-720\li1440\qj (o) \tab When a deposition has been taken to preserve the testimony of an injured or ill petitioner the introduction into evidence of such deposition shall be limited to those cases where the deponent cannot appear because of medical inability to appear or death or where all parties consent to the introduction of the deposition into evidence.\par \pard\qj\par \pard\fi-720\li1440\qj (p) \tab Judges of Compensation may refer the petitioner to the Division of Vocational Rehabilitation when warranted.\par \pard\qj\par \pard\fi-720\li1440\qj (q) \tab Prior to testifying, a witness shall be administered an oath by the Judge of Compensation or by a certified shorthand reporter qualified to administer oaths. Because of religious beliefs, a witness may affirm in place of an oath.\par \pard\qj\par \pard\fi-720\li1440\qj (r) \tab Forms of subpoena, bearing the seal of the Department, shall be made available at all district offices. A party may prepare a subpoena and authorize its service, in accordance with the New Jersey Rules of Court, in the name of the Judge of Compensation assigned to the case, to compel the attendance of witnesses and the production of books and papers and such other items as shall be subject to production. However, the return date of such subpoena will be the date of the workers\rquote compensation proceeding instead of the date of deposition referred to by the New Jersey Rules of Court. A copy of the subpoena shall also be provided to the Judge of Compensation whose name appears on the subpoena. \par \pard\qj\par \pard\fi-720\li1440\qj (s) \tab When a party has unreasonably failed to present its case in a timely fashion, the Judge of Compensation may, upon 21 days notice, close the proofs as to that party.\par \pard\qj\par \pard\fi-720\li1440\qj (t) \tab All reserved decisions shall be rendered by the Judge of Compensation within 30 days from completion of the last day of hearing, or within 30 days from the date of filing of briefs. Additional time to render a reserved decision may be allowed only on approval of a written application to the Director.\par \pard\qj\par \pard\fi-720\li1440\qj (u) \tab The Judge of Compensation shall notify all parties by letter of the decision, detailing its terms and the name of: the reporter and the certified shorthand reporting firm to which it has been dictated; centralized word processing center; or other method by which the opinion is produced.\par \pard\qj\par \pard\fi-720\li1440\qj (v) \tab A judgment or an order shall be deemed entered as of the date the judgment or order is signed by the Judge.\par \pard\qj\par \pard\fi720\qj (w) \tab (Reserved)\par \pard\qj\par \pard\fi-720\li1440\qj (x) \tab A party proposing the form of judgment or order may forward the original thereof to the Judge who heard the matter and shall serve a copy thereof on every other party together with a notice advising said party that unless they notify the Judge and the proponent of the judgment or order in writing of their specific objection thereto within 10 days after such service, the judgment or order may be signed in the Judge's discretion. If no such objection is timely made, the Judge may forthwith sign the judgment or order. If objection is made, the matter may be listed for hearing in the discretion of the Court.\par \pard\qj\strike\par \pard\fi-1440\li1440\qj\b\strike0 12:235-3.11 Orders Approving Settlement reached pursuant to N.J.S.A. 34:15-20\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a) \tab A settlement agreement reached pursuant to N.J.S.A. 34:15-20 ("Section 20 settlement") may be approved by a judge of compensation when:\par \pard\qj\par \pard\fi720\li720\qj 1. \tab The petitioner is represented by counsel;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab The case involves contested issues of jurisdiction, liability, causal relationship and/or dependency; and\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab The settlement is determined to be fair and just under the circumstances.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A Section 20 settlement shall have the force and effect of a dismissal of the petitioner's claim and a complete surrender by the petitioner of any future right to compensation or benefits arising out of the injuries, conditions or exposures encompassed in the claim petition.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab A Section 20 settlement shall not be a waiver of future dependency claims in the event that the petitioner's death occurs as a result of the injuries, conditions or exposures encompassed by petitioner's claim petition unless:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab The petitioner's dependents (as defined in N.J.S.A. 34:15-13) join in a waiver of future dependency benefits.\par \pard\qj\par \pard\fi-720\li2880\qj i. \tab A parent, other than the petitioner, shall ordinarily represent the interests of petitioner's dependent minor children residing in that parent's household. The judge of compensation shall determine whether circumstances dictate that a representative other than a parent is necessary for any dependents for the purposes of a Section 20 proceeding.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab A petitioner's acceptance of a Section 20 settlement and a dependent's waiver of dependency benefits shall be given knowingly, intelligently and voluntarily. The judge of compensation shall explain on the record the preclusive effect the Section 20 settlement shall have on the petitioner's claim and on any future dependency claims, except as provided in (e) below.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab A petitioner's acceptance of a Section 20 settlement and any waiver of future dependency claims shall occur on the record of the Section 20 settlement proceeding unless the judge of compensation determines that sufficient circumstances preclude the appearance of the petitioner, a dependent and/or representative. In such case, an affidavit executed by such petitioner, dependent and/or representative shall be submitted. The affidavit must contain all of the facts to which the petitioner, dependent and/or representative would be required to testify if present in court.\par \pard\qj\par \pard\fi-720\li1440\qj (f) \tab A Section 20 settlement shall encompass all injuries, conditions or exposures set forth in the petitioner's claim petition unless the parties amend the claim petition at the Section 20 settlement proceeding and specifically set forth any amendments to the claim petition on the settlement form. Where intended, the parties shall specifically set forth that the claim petition and settlement includes latent or unknown consequences of the alleged injuries, conditions or exposures.\par \pard\qj\strike\par \b\strike0 12:235-3.12\tab Notice of appeal\par \b0\par \pard\fi720\li720\qj Copies of a notice of appeal of any order or judgment shall be provided to the Division and the Judge who decided the matter. See New Jersey Court Rule 2:5-1.\par \pard\qj\par \b 12:235-3.13\tab Interpreters\par \b0\par \pard\fi720\qj In any proceeding for which the services of an interpreter are required, a professional interpreter shall be utilized unless the Judge of Compensation, with the consent of the parties, determines otherwise. An interpreter shall be sworn or make affirmation or declaration to interpret accurately.\par \pard\qj\par \pard\fi90\li-90\qj\b 12:235-3.14 \tab Enforcement \par \pard\qj\b0\par \pard\fi-720\li1440\qj (a) \tab For unreasonable failure to comply with any written order of a Judge of Compensation or with any requirement of statute or regulation, a Judge of Compensation may:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Dismiss or grant the motion or application for enforcement of order;\par \pard\qj \tab\tab\par \pard\fi720\li720\qj 2. \tab Close proofs, dismiss a claim or suppress a defense;\par \pard\qj \tab\tab\par \pard\fi720\li720\qj 3.\tab Exclude evidence;\par \pard\fi-720\li2160\qj\par 4. \tab Order costs or reasonable expenses, including interest or monies due and/or attorney's fees, to be paid to the Second Injury Fund of the State of New Jersey or an aggrieved party, attorney, or other representative of a party; \par \pard\fi-720\li1440\qj \par \pard\fi-720\li2160\qj 5. \tab Refer matters for other administrative, civil or criminal proceedings; or\ul\par \pard\qj\ul0 \tab\tab\par \pard\fi720\li720\qj 6. \tab Take other appropriate case-related action.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A party or the court on its own motion may move for enforcement of an order. After receiving notice of an application for enforcement, a party shall file a written response to the application within 10 days of such notice. The response shall include the reasons for any noncompliance and manner and time periods to ensure compliance with the order at issue. Before taking any action under N.J.A.C. 12:235-3.14(a) above, the Judge of Compensation shall hold a hearing on the appropriateness of the action and the reasonableness of any compensatory levy or sanction.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Unless a stay is obtained from the appropriate appellate court or the Judge of Compensation, the failure to obey an order of the Judge of Compensation shall constitute grounds for compensatory sanctions against the attorney, the parties, or both. Filing of an appeal does not constitute an automatic stay of the judgment or order being appealed.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab For purposes of this section, \ldblquote compensatory levy and sanction\rdblquote shall mean an amount awarded to compensate for actual losses, including, but not limited to, interest on monies due a party as well as attorney\rquote s fees and administrative costs to the Division.\ul\par \pard\qj\ul0\par \b 12:235-3.15 \tab Hearing to request a stay of the order or judgment\par \pard\fi720\qj\b0\par A request for a stay of an order or judgment shall be heard on the record when a party requests a hearing on the stay. \par \pard\qj\par \par \par \ul\b SUBCHAPTER 4.\tab INFORMAL HEARINGS\par \b0\ul0\par \b 12:235-4.1\tab Purpose of informal hearings\par \b0\par \pard\fi-720\li1440\qj (a) \tab The informal hearing process is a service provided by the Division to effectuate the amicable adjustment of controversies between injured workers and their employers involving their respective rights under the Act.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The informal hearing procedure is not expressly contained within the provisions of the Act.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The filing of an application for an informal hearing will not toll the time limitation periods for the filing of a formal claim petition or a dependency claim petition as provided by the Act.\par \pard\qj\par \b 12:234-4.2\tab Filing of an application for an informal hearing\par \b0\par \pard\fi-720\li1440\qj (a) \tab The informal process is initiated by the filing of an application in duplicate with the Division.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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 insurance carrier, or the Division.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The application shall be filed within the time periods prescribed for the filing of a formal claim petition.\par \pard\qj\par \b 12:235-4.3\tab Contents of the application\par \b0\par \pard\fi720\qj (a) \tab The application for an informal hearing shall contain:\par \pard\qj\par \pard\fi720\li720\qj 1. \tab The worker's name, address, age, and social security number;\par \pard\qj\par \pard\fi720\li720\qj 2. \tab The employer's name and address;\par \pard\qj\par \pard\fi720\li720\qj 3. \tab The name of the employer's insurance carrier, if any;\par \pard\qj\par \pard\fi720\li720\qj 4. \tab The date of the accident;\par \pard\qj\par \pard\fi720\li720\qj 5. \tab A brief description of how the accident occurred;\par \pard\qj\tab\par \pard\fi720\li720\qj 6. \tab A brief description of the injury.\par \pard\qj\par \b 12:235-4.4 \tab Scheduling of informal hearings\par \b0\par \pard\fi-720\li1440\qj (a)\tab Upon receipt of the completed application the Division shall schedule the matter as soon as practicable.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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 Division shall include, with the notice to the worker that is the subject of the proceeding, an informational brochure explaining the nature of the proceedings and the rights of the parties involved. The form brochure shall be as set forth in N.J.A.C. 12:235-14.1.\par \pard\qj\par \b 12:235-4.5\tab Attendance at hearings\par \b0\par \pard\fi720\qj 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.\par \pard\qj\par \b 12:235-4.6\tab Representative of employer or carrier\par \b0\par \pard\fi720\qj 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.\par \pard\qj\par \par \par \par \b 12:235-4.7\tab Registration of representatives for employers or carriers\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Each employer, carrier, or self-insured shall indicate that such individuals shall have the authority to represent and agree to settle on behalf of the respondent at informal proceedings.\par \pard\qj\par \b 12:235-4.8 \tab Representation of claimant\par \b0\par \pard\fi720\qj Only an attorney at law licensed to practice in the State of New Jersey shall act as attorney for a worker in any informal hearing.\par \pard\qj\strike\par \b\strike0 12:235-4. 9 \tab Procedure where employer has no insurance\par \b0\par \pard\fi720\qj 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.\par \pard\qj\par \b 12:235-4.10\tab Allowance of attorney fees\par \b0\par \pard\fi-720\li1440\qj (a) \tab A Judge of Compensation conducting informal hearings may allow counsel a fee, where warranted, for services rendered on behalf of the worker, in an amount not to exceed 10 percent of the worker's award.\par \pard\qj\par \pard\fi720\qj (b) \tab The fee in (a) above shall be payable by the worker.\par \pard\qj\tab\par \b 12:235-4.11\tab Commencement of informal hearings\par \b0\par \pard\fi-720\li1440\qj (a) \tab Hearings shall be conducted by a Judge of Compensation designated by the Director.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Hearings shall commence promptly at the time and place designated in the notice of informal hearing by a call of the daily court to ascertain the presence of all parties to the controversy and to identify those cases ready for disposition.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Upon completion of the daily call, the Judge of Compensation shall inform all parties present of the order for hearing the ready cases and commence hearings, excusing those persons whose presence will not be required and granting those adjournments the Judge feels are warranted.\par \pard\qj\par \par \par \b 12:235-4.12\tab Determination of issues\par \b0\par \pard\fi-720\li1440\qj (a) \tab Upon a review of the application for the informal hearing and any supporting documents, the Judge of Compensation shall ascertain the areas of dispute and make recommendations to the parties to resolve any controversy as to unpaid temporary disability benefits and/or medical expenses.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab After a review of medical records or evaluation reports or both submitted by the parties and having personally inquired of the worker as to all present complaints, the Judge of Compensation shall make recommendations regarding permanent disability.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab In cases where there is insufficient factual or medical information upon which a recommendation can be made, the Judge of Compensation shall require either party to provide such information and shall adjourn the hearing until such time as the information is available.\par \pard\qj\par \pard\fi-1440\li1440\qj\b 12:235-4.13 \tab Acceptance of settlement recommendations and entry of informal award\par \pard\fi720\qj\b0\par \pard\fi-720\li1440\qj (a) \tab When agreement has been reached by all parties and approved by the Judge of Compensation, the terms of such settlement shall be entered in the "Statement of Award," on a form prescribed by the Division.\par \pard\qj\par \pard\fi720\qj (b)\tab The claimant shall be fully advised of all rights under the Act and as more \par \pard\li1440\qj particularly described in the brochure as prescribed at N.J.A.C. 12:235-14.1.\par \pard\li720\qj\par \pard\fi-720\li1440\qj (c) \tab The "Statement of Award" shall be signed by the claimant, the employer or the employer's representative, and by the Judge of Compensation.\par \pard\qj\par \b 12:235-4.14\tab Fee for service of physician\par \b0\par \pard\fi720\qj A Judge of Compensation conducting an informal hearing may allow a fee to a physician for medical services rendered to a claimant for the term of a compensable injury, unless such treatment was not ordered or authorized by the employer or carrier.\par \pard\qj\par \pard\fi-1440\li1440\qj\b 12:235-4.15 \tab Denial of compensability or refusal to accept findings of informal hearings\par \pard\fi-2160\li2160\qj\b0\par \pard\fi720\qj In cases where the employer or the representative denies compensability under the Act or where either party refuses to accept the recommendations made by the Judge of Compensation, the claimant shall be made aware of all statutory rights, including the right to obtain counsel, to file a formal claim petition, and the applicable time period within which a claim petition must be filed.\par \pard\qj\par \b 12:235-4.16 \tab Failure of employer or carrier to appear\par \pard\fi-2160\li2160\qj\b0\par \pard\fi-720\li1440\qj (a) \tab If a worker is present and the employer or its carrier fails to appear, the Judge of Compensation shall inform the worker of:\par \pard\fi-2160\li2160\qj\par \pard\fi-1440\li2160\qj\tx1440\tab 1. \tab The procedure and time limit relating to rescheduling for rehearing;\par \pard\fi-2160\li2160\qj\par \pard\li1440\qj 2. \tab The approximate date of rescheduling; and\par \pard\fi-2160\li2160\qj\par \pard\li1440\qj 3. \tab The worker's statutory rights as stated at N.J.A.C. 12:235-4:15.\par \pard\qj\par \b 12:235-4.17 \tab Adjournment\par \pard\fi-2160\li2160\qj\b0\par \pard\fi720\qj 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 parties and arrange for rescheduling.\par \pard\qj\par \b 12:235-4.18\tab (Reserved)\par \par \b0\par \ul\b SUBCHAPTER 5. \tab SECOND INJURY FUND CASES\par \b0\ul0\par \b 12:235-5.1\tab General procedure\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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\par \pard\qj \par \pard\fi-720\li2160\qj 1. \tab The settlement conference may be adjourned by a Judge of Compensation for good cause.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab If a settlement cannot be effectuated at the settlement conference, the matter may be bifurcated and listed for trial on a day when the probable responsible respondent is regularly scheduled to appear.\par \pard\qj\par \pard\fi-720\li1440\qj (b)\tab If the Judge of Compensation finds that the petitioner is not totally and permanently disabled, the Fund petition shall be dismissed.\par \pard\qj\par \pard\fi-720\li1440\qj (c)\tab If the Judge of Compensation finds that the petitioner is totally and permanently disabled and the total and permanent disability is the result of the last compensable accident, the Fund application shall be dismissed.\par \pard\qj\par \pard\fi-720\li1440\qj (d)\tab If the Judge of Compensation finds that the petitioner is totally and permanently disabled and the total and permanent disability is the result of the effects of the last compensable accident and subsequent conditions, the Fund application shall be dismissed.\par \pard\qj\par \pard\fi-720\li1440\qj (e)\tab If the Judge of Compensation finds that the petitioner is totally and permanently disabled and the total and permanent disability may be the result of the last compensable accident together with pre-existing conditions, the Judge of Compensation shall schedule a hearing upon the application for Fund benefits on a day when the Deputy Attorney General representing the Fund regularly appears.\par \pard\qj\strike\par \pard\fi-810\li2160\qj\strike0 1.\tab The hearing to determine whether the petitioner is entitled to Fund benefits shall be upon the transcript of the hearing for benefits previously heard, supplemented by oral and documentary evidence as may be required in the discretion of the Judge of Compensation for a full and true disclosure of the facts as to Fund responsibility and where applicable, as to an apportionment of the responsibility of the Fund. \par \pard\li720\qj\ul\par \pard\fi-720\li2160\qj\ul0 2. \tab Pending determination of the application for Fund benefits, the employer previously found liable shall commence payments at the applicable rate for permanent total disability. \par \pard\qj\par \b 12:235-5.2 Payment of benefits\par \pard\fi-810\li2160\qj\b0\par \pard\fi-720\li1440\qj (a) \tab 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 the employee became totally and permanently disabled. No payment from the Fund shall be made for any period prior to the date of filing the verified petition for Fund benefits.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab If the employer has paid in excess of the amount for which it is responsible, the employer shall be reimbursed by the Fund.\par \pard\qj\par \pard\fi-720\li1440\qj (b)\tab The payment from the Fund may be made to the employer as reimbursement for a period where the payments have been made by the employer to the employee beyond the time period for which the employer is determined to be liable.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Such payments shall be made from the Fund directly to the employee for such periods to which the employee may be entitled in accordance with the provisions of N.J.S.A. 34:15-95 and subject to N.J.A.C. 12:235-5.1(e)(2).\par \pard\qj\par \b 12:235-5.3\tab Filing\par \b0\par \pard\fi-720\li1440\qj (a) \tab The verified petition for benefits shall be filed in accordance with N.J.S A. 34:15-95.l 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. The verified petition shall be under oath or affirmation and be accompanied by all physician\rquote s reports in possession of the applicant or the applicant\rquote s attorney.\par \pard\qj\par \pard\fi720\qj (b) \tab The verified petition shall also include the following:\par \pard\qj\par \pard\fi720\li720\qj 1. \tab Name and address of petitioner;\par \pard\qj\par \pard\fi720\li720\qj 2. \tab Social security number of petitioner;\par \pard\qj\par \pard\fi720\li720\qj 3. \tab Age and date of birth of petitioner;\par \pard\qj\par \pard\fi720\li720\qj 4. \tab Marital status and educational background of petitioner;\par \pard\qj\par \pard\fi720\li720\qj 5. \tab A summary of petitioner\rquote s employment history;\par \pard\qj\par \pard\fi-720\li2160\qj 6. \tab A description of disabilities which existed prior to the date of the last compensable injury, and the date of onset of each;\par \pard\qj\par \pard\fi-720\li2160\qj 7. \tab The last compensable injury, indicating the date and a description of the occurrence; a description of the injury; brief description of the medical treatment for the injury; a description of permanent injury; name and address of employer and its insurance carrier; petitioner\rquote s wages and compensation rate; and a listing of all compensation paid to date for this injury;\par \pard\qj\par \pard\fi-720\li2160\qj 8. \tab An indication as to whether a third party tort claim has been made as to the last compensable injury, stating the name and address of the third party and the status of the claim;\par \pard\qj\par \pard\fi-720\li2160\qj 9. \tab A copy of all reports which are in the possession or control of the party filing the applications from all proposed expert witnesses and all treating physicians;\par \pard\qj\par \pard\fi-720\li2160\qj 10. \tab A description of all wage replacements presently being received by the petitioner;\par \pard\qj\par \pard\fi-720\li2160\qj 11. \tab References to all prior allowances and awards in workers\rquote compensation matters concerning the petitioner, including the date of the accident and the extent of the allowance or award.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Respondent shall provide all evaluative reports to the Second Injury Fund at the first motion hearing.\par \pard\s2\keepn\qj\b\par \par \ul SUBCHAPTER 6. \tab COMMUTATION OF AWARD\par \pard\qj\b0\ul0\par \b 12:235-6.1 \tab Application for commutation\par \b0\par \pard\fi-720\li1440\qj (a) \tab All applications for commutation of compensation payments pursuant to N.J.S.A. 34:15-25 shall be filed with the Director.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Applications for commutation of compensation shall be made only after the entry of an award.\par \pard\qj \par \b 12:235-6.2 \tab Application form for commutation\par \b0\par \pard\fi-720\li1440\qj (a) \tab The application for commutation shall be made on a form prescribed by the Division which shall include:\par \pard\qj\par \pard\fi720\li720\qj 1.\tab The applicant\rquote s name, address, and social security number;\par \pard\qj\par \pard\fi720\li720\qj 2. \tab The name and address of the employer;\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab The name, address, and file number of the employer\rquote s insurance carrier;\par \pard\qj\par \pard\fi720\li720\qj 4. \tab The date of award;\par \pard\qj\par \pard\fi-720\li2160\qj 5. \tab The Judge of Compensation and the place wherein the award was rendered;\par \pard\qj\par \pard\fi720\li720\qj 6. \tab The amount of the award;\par \pard\qj\par \pard\fi720\li720\qj 7. \tab The amount of balance due on the award;\par \pard\qj\par \pard\fi-720\li2160\qj 8. \tab The amount requested for commutation; applicant\rquote s marital, employment, and economic status;\par \pard\qj\par \pard\fi720\li720\qj 9. \tab Purpose(s) for which commutation is being requested; and\par \pard\qj\par \pard\fi720\li720\qj 10. \tab Such other information as prescribed by the Director.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The application for commutation shall be under oath or affirmation of the applicant.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The application for commutation shall include, or have attached thereto, all documents upon which the applicant is relying in the application.\par \pard\qj\par \b 12:235-6.3 \tab Approval or disapproval of application for commutation\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab If that Judge is not available, then any Judge in the vicinage may hear the application.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab After hearing the application, the Judge of Compensation shall enter an order either granting or denying the application and shall state the reasons therefor, pursuant to N.J.S.A. 34:15-25.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The disbursement of all funds commuted shall be under the supervision of the Director.\par \pard\qj\par \pard\fi720\qj (d) \tab No award for total disability or dependency benefits shall be commuted.\par \pard\s2\keepn\qj\b\par \par \ul SUBCHAPTER 7.\tab UNINSURED EMPLOYER\rquote S FUND\par \pard\qj\b0\ul0\par \b 12:235-7.1 \tab Purpose; scope\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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 will be operated.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Benefits for temporary disability and medical costs shall be provided in accordance with N.J.S.A. 34:15-120.1 et seq.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The UEF shall be a party to proceedings under this subchapter. However, no judgment or order for the payment of benefits shall be entered against the UEF.\par \pard\qj\par \pard\fi-720\li1440\qj (d)\tab The UEF may relax or dispense with requirements under the subchapter where appropriate and with the consent of the judge hearing the case. \par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab The UEF shall be provided a copy of a notice of appeal of any order or judgment in which the UEF is a party.\ul \par \pard\qj\par \pard\fi-1440\li1440\qj\b\ul0 12:235-7.2 \tab Filing notice of an uninsured claim; personal service; subpoena duces tecum; third party joinder; \par \pard\fi-1170\li1170\qj\b0\par \pard\fi-1440\li1440\qj\tx720\tab (a) \tab Petitioner or petitioner\rquote s attorney shall contact the Compensation Rating and Inspection Bureau for coverage information in writing within 30 days after the petitioner or the petitioner\rquote s attorney knew or should have known that the employer was uninsured or has received confirmation that the employer was uninsured on the date of the accident or occupational exposure alleged in the claim petition. A copy of the Rating Bureau\rquote s response shall be included in the motion to join the UEF.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li1440\qj (b) \tab If benefits may be sought from the UEF, the petitioner or petitioner\rquote s attorney shall notify the UEF in writing within 30 days after the petitioner or petitioner\rquote s attorney knew or should have known that the employer was uninsured on the date of the accident or occupational exposure or has received information from the Compensation Rating and Inspection Bureau showing that the employer was uninsured on the date alleged.\par (c) \tab In order to secure reimbursement of a petitioner's temporary disability benefits from the Uninsured Employers Fund, the petitioner shall file a motion to join the UEF in an action brought by or against the uninsured employer.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li2160\qj 1. \tab When filing a motion to join the UEF, the petitioner's attorney or petitioner shall attach a copy of the inquiry and response of the Compensation Rating and Inspection Bureau.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li2160\qj 2. \tab The motion to join the UEF shall be filed in the vicinage in which the case is assigned.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li2160\qj 3. \tab A copy of the motion to join the UEF shall be served upon the Fund in the Office of Special Compensation Funds, P.O. Box 399, Trenton, New Jersey 08625-0399.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li1440\qj (d) \tab Petitioner\rquote s attorney may make personal service of the claim petition and the motion to join the UEF on respondent.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li2160\qj 1. \tab Proof of service shall be filed with the Division and with the attorney representing the UEF.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li2160\qj 2. \tab If respondent is unable to be served, petitioner\rquote s attorney shall make a motion with the Judge of Compensation for substituted service pursuant to Rules of Civil Practice. The motion shall be supported by convincing evidence that the petitioner has made all reasonable attempts to serve respondent.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li1440\qj (e) \tab The UEF shall have the authority to join a third-party and the third-party\rquote s insurance carrier when it appears that such party is or may be liable for the benefits sought.\par \pard\fi-1170\li1170\qj\par \pard\fi-720\li1440\qj (f) \tab In reviewing claims submitted to the Uninsured Employer's Fund for payment pursuant to N.J.S.A. 34:15-120.4, the Commissioner may consider the extent of delay in notification to the Uninsured Employer's Fund by the petitioner and/or his/her attorney from the time they knew or reasonably should have known the respondent employer was uninsured.\par \pard\fi-1170\li1170\qj\par \pard\qj\b 12:235-7.3\tab Certification\par \b0\par \pard\fi-720\li1440\qj (a).\tab 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 available to the petitioner:\par \pard\qj\par \pard\fi720\li720\qj 1.\tab The date of hire immediately preceding the date of the accident, \line\tab\tab injury or occupational exposure;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab The length of employment: If not continuous, list all dates of employment;\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab Copies of petitioner\rquote s W-2 forms for all dates of employment during the year in which the accident occurred;\par \pard\qj\par \pard\fi-720\li2160\qj 4. \tab Pay stubs for or other documentation in support of all wages received from respondent for the six months immediately preceding the date of the accident or occupational exposure;\par \pard\qj\par \pard\fi-810\li2160\qj 5. \tab The total wages received from respondent for 12 months immediately preceding the accident which includes salary, gratuities, services in lieu of wages, meals or lodging;\par \pard\qj\par \pard{\pntext\f0 6.\tab}{\*\pn\pnlvlbody\pnf0\pnindent360\pnstart6\pndec{\pntxta.}} \fi-810\li2160\qj\tx2160 The name, address (business and personal) and phone number of the respondent and any corporate officer or manager of the company;\par \pard{\*\pn\pnlvlcont\pnf0\pnindent0\pnstart1\pndec } \li1350\qj\par \pard{\pntext\f0 6.\tab}{\*\pn\pnlvlbody\pnf0\pnindent360\pnstart6\pndec{\pntxta.}} \fi-810\li2160\qj\tx2160 Any documents relating to the employer/employee relationship or lack thereof;\par \pard\qj\par \pard\li1350\qj\par \pard\fi-810\li2160\qj\tx2160 8. A statement of facts which establish the employer-employee relationship;\par \pard\qj\par \pard\fi-810\li2160\qj 9. \tab The name, address and phone number of all persons with knowledge of the existence of an employer/employee relationship between petitioner and respondent;\par \pard\qj\par \pard\fi-810\li2160\qj 10. \tab The address and/or other identifying information about where the injury occurred, including the name of the owner of the property and the reason why the employee was at the location where the injury occurred;\par \pard\qj\par \pard\fi-810\li2160\qj 11. \tab The name, address and phone number of all witnesses to the accident, and whereabouts of respondent when the accident occurred;\par \pard\qj\par \pard\fi-810\li2160\qj 12. \tab The name, address and phone number of all persons with any knowledge of the accident;\par \pard\qj\par \pard\fi720\li630\qj 13. \tab The date on which a medical provider was first contacted \line\tab\tab\tab concerning injuries sustained in the accident or occupational \line\tab\tab\tab condition;\par \pard\qj\par \pard\fi-810\li2160\qj 14. \tab The name and address of all treating physicians and the name and address of any hospital, laboratory or other facility where treatment was received;\par \pard\qj\par \pard\fi-810\li2160\qj 15. \tab Copies of all medical reports from the hospitals and treating physicians;\par \pard\qj\par \pard\fi-810\li2160\qj 16. \tab Medical insurance coverage for employee and/or spouse, and if available, the name and address of the company and the policy number;\par \pard\qj\par \pard\fi720\li630\qj 17. \tab A detailed listing of medical expenses which have been paid, the \line\tab\tab\tab dates the medical services were provided, the names of individuals \par \tab\tab and entities providing such services, and the sources and amounts \par \tab\tab of such payments; and\par \par \pard\fi-720\li2160\qj 18. \tab Whether or not the petitioner is receiving or has applied for Social Security, unemployment compensation, temporary disability insurance, disability insurance, pensions or any other wage-related benefits.\par \pard\qj\par \par \par \b 12:235-7.4\tab Medical bills; physician\rquote s examination\par \b0\par \pard\fi-720\li1440\qj (a) \tab The UEF shall have the opportunity to review all medical bills and charges to determine if the costs incurred were reasonable and necessary.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The UEF may order an independent medical examination of a petitioner by a physician at any time when the UEF is involved or when it appears the UEF may become involved in a case. The examining physician may be asked to offer an opinion on:\par \par \pard\fi-720\li2160\qj 1.\tab The causal relationship between the alleged accident or occupational exposure and the petitioner\rquote s current medical condition;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab The necessity of petitioner\rquote s previous and current medical treatment and the reasonableness of charges for such treatment for the alleged accident or occupational exposure;\par \pard\qj\par \pard\fi720\li720\qj 3. \tab The prognosis for the petitioner;\par \pard\qj\par \pard\fi720\li720\qj 4. \tab Whether petitioner is able to return to work; \par \pard\qj\par \pard\fi720\li720\qj 5. \tab Whether or not petitioner requires further treatment to reach\line \tab\tab maximum medical improvement; and\par \par 6.\tab Any other pertinent issues or information.\par \pard\qj\par \pard\fi-720\li1440\qj (c)\tab Fees for the independent medical evaluation ordered by the UEF shall be paid by the UEF.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab If it appears that the petitioner may be entitled to benefits from the UEF, then the UEF may direct the petitioner to the appropriate authorized treating physician for treatment.\par \pard\qj\par \pard\fi-360\li1800\qj\tx1800 1.\tab Treatment obtained by petitioner from any physician other than the one authorized by the UEF shall be deemed to be unauthorized treatment, and costs for such treatment shall not be payable by the UEF.\par \pard\li720\qj\par \pard\fi-720\li1440\qj (e)\tab The UEF may provide for medical care to assist the petitioner until he or \line she has reached maximum medical improvement.\par \pard\qj\par \b 12:235-7.5 \tab Assignment of cases; schedules\par \b0\par \pard\fi720\qj (a) \tab The Director shall assign the UEF cases for hearing.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The Director shall establish the vicinages in which the cases shall be heard.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The Director shall establish the hearing dates and schedules for all uninsured employer cases.\par \pard\qj\par \par \b 12:235-7.6 \tab Payments from the UEF\par \b0\par \pard\fi720\qj Payments from the UEF shall be made only in accordance with NJ.S.A. 34:15-120.4.\par \pard\li720\qj\par \pard\fi-720\li1440\qj\tx1440 (a)\tab The UEF shall not reimburse governmental agencies for benefits paid to or \par \pard\li1440\qj on behalf of the petitioner except for benefits or expenses conditionally paid under the New Jersey Temporary Disability Benefits Law (N.J.S.A. 43:21-25 et seq.), New Jersey Medicaid reimbursement statute (N.J.S.A. 30:4D-7.1), and the federal Medicare Secondary Provider Statute (42 U.S.C. 1395y). Such reimbursements for medical expenses are subject to the limitation set forth in N.J.A.C. 12.235-7.4 (e).\par \pard\qj\par \pard\fi-720\li1440\qj (b)\tab Payments under (a) above can be made only after a Judge of Compensation has ordered the uninsured employer to reimburse the agency or agencies making the conditional payments and the uninsured employer has defaulted on making such reimbursements within the time period set forth by N.J.S.A. 34:15-120.3 and N.J.S.A. 34:15-120.4\par \pard\qj\par \b 12:235-7.7\tab Attorney fees\par \b0\par \pard\fi-720\li1440\qj (a) \tab An attorney fee may be payable from the UEF to the petitioner\rquote 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.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \pard\b 12:235-7.8 Asbestos exposure claims under N.J.S.A. 34:15-33.3\par \pard\fi-720\li1440\sb120\b0 (a) \tab 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:\par \pard\fi-360\li1800\sb120\tx1800 1.\tab 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;\par 2.\tab The claim petition was pending on or filed after January 14, 2004 and had not been concluded or dismissed prior to that date; and\par 3.\tab 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 N.J.S.A. 34:15-33.3 (d).\par \pard\fi-720\li1440\sb120 (b)\tab "Due diligence" shall be defined as a reasonable effort on the part of the petitioner or the petitioner's attorney, given the particular facts and circumstances of the case, to determine the identities of the carrier of the employer, the employer, and/or the principals of the employer where the employee was last exposed to asbestos, as well as the identities of any other carriers, employers, and/or principals of other employers that may be liable for benefits. Such efforts shall be listed in the certification required under N.J.A.C. 12:235-7.9 and shall include, unless explained under N.J.A.C. 12:235-7.9(b), the following:\par \pard\fi-360\li1800\sb120\tx1800 1.\tab Inquiries made to the Compensation Rating and Inspection Bureau to ascertain the workers' compensation insurance coverage of such employers;\par 2.\tab Acquisition and review of the employee's Social Security earnings history for the period or periods during which the employee was exposed to asbestos;\par 3.\tab Review of the employee's Federal and state income tax returns for the period or periods during which the employee was exposed to asbestos;\par 4.\tab Acquisition and review of labor union records and/or pension plan records maintained for the employee for the period or periods during which the employee was exposed to asbestos;\par 5.\tab Review of the employee's medical records during and subsequent to the period during which the employee was exposed to asbestos;\par 6.\tab Review of any personal records maintained by the employee with respect to employment for the period or periods during which the employee was exposed to asbestos; and\par 7.\tab Any other efforts by the petitioner or the petitioner's attorney to establish due diligence.\par \pard\fi-720\li1440\sb120 (c) \tab The UEF may without motion take the deposition of a petitioner and/or other individuals that may have information relevant to the application.\par (d) \tab In (a) above, the UEF shall have subrogation and lien rights including those provided by N.J.S.A. 34:15-33.3 (b) and (c).\par \pard \par \b 12:235-7.9 Certification to the UEF, medical information in asbestos exposure cases\par \pard\fi-720\li1440\sb120\b0 (a) \tab In addition to the items specified at N.J.A.C. 12:235-7.4 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:\par \pard\fi-360\li1800\sb120\tx1800 1.\tab 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;\par 2.\tab Date of manifestation of the employee's asbestosis or asbestos-induced cancer;\par 3.\tab 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;\par 4.\tab Rate of progression of the employee's asbestosis or asbestos-induced cancer;\par 5.\tab Date(s) the employee was impaired or unable to work as a result of the asbestosis or asbestos-induced cancer;\par 6.\tab Date(s) of any lost time for medical treatments related to asbestosis or asbestos-induced cancer;\par 7.\tab Nature of pre-existing pulmonary conditions, cancer-related conditions, exposure to any other chemicals, and/or smoking history;\par 8.\tab Medical basis for concluding that there is a causal relationship between the employee's work and the employee's asbestosis or asbestos-induced cancer;\par 9.\tab 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);\par 10.\tab Details of efforts made under the provisions of N.J.A.C. 12:235-7.8 (b);\par 11.\tab 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\par 12.\tab Nature and extent of any future treatment for the employee's asbestosis or asbestos-induced cancer.\par \pard\fi-720\li1440\sb120 (b)\tab If any of these items of information are not provided to the UEF, the petitioner or the petitioner's attorney shall indicate that a request or search has established that such item or information is not available. The UEF may require such additional information and searches that are necessary and reasonable for review of the application.\par (c) \tab In addition to the information required under the provisions of this rule in (a) above and under N.J.A.C. 12:235-7.4, the petitioner shall provide the UEF with all medical records and information related to the asbestos exposure claim.\par \pard\sb120\par \ul\b SUBCHAPTER 8.\tab DISCRIMINATION COMPLAINTS\par \pard\qj\b0\ul0\par \b 12:235-8.1 \tab Filing discrimination complaints\par \b0\par \pard\fi720\qj All complaints alleging discrimination pursuant to N.J.S.A. 34:15-39.1 shall be filed with the Director.\par \pard\qj\par \b 12:235-8.2 \tab Contents of discrimination complaints\par \b0\par \pard\fi-720\li1440\qj (a) \tab The complaint alleging discrimination shall be under the oath or affirmation of the complainant, and shall be on a form prescribed by the Division.\par \pard\qj\par \pard\fi720\qj (b) \tab The complaint alleging discrimination shall include the following:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Complainant\rquote s name, address, social security number, and claim petition number, if a claim for formal hearing has been filed;\par \pard\qj\par \pard\fi720\li720\qj 2. \tab The name and address of the insurance carrier for the employer;\par \pard\qj\par \pard\fi720\li720\qj 3. \tab The date of complainant\rquote s accident;\par \pard\qj\par \pard\fi720\li720\qj 4. \tab Complainant\rquote s occupation and wages;\par \pard\qj\par \pard\fi720\li720\qj 5. \tab Complainant\rquote s current employment and wages;\par \pard\qj\par \pard\fi-720\li2160\qj 6. \tab Complainant\rquote s occupational duties and indication as to whether he or she is able to perform those duties;\par \pard\qj\par \pard\fi720\li720\qj 7. \tab The date and reason for complainant\rquote s termination of employment;\par \pard\qj\par \pard\fi720\li720\qj 8. \tab The factual and legal reasons for alleging discrimination;\par \pard\qj\par \pard\fi720\li720\qj 9. \tab Such other information as requested by the Director.\par \pard\qj\par \b 12:235-8.3 \tab Attachments to discrimination complaints\par \b0\par \pard\fi720\qj The complaint for discrimination shall include, or have attached thereto, all documents upon which the complainant is relying on in the application.\par \pard\qj\par \b 12:235-8.4 \tab Investigation of discrimination complaints; appeal procedures\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (c)\tab Upon receipt of a sworn complaint alleging a violation of N.J.S.A. 34:15-39.1 the Division of Workers' Compensation shall transmit a copy of the complaint to the named employer within fourteen days thereafter.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab The named employer, for good cause, may request from the Division of Workers' Compensation an additional period of not more than thirty days to file an answer to the discrimination charge.\par \pard\qj\par \pard\fi-720\li1440\qj (f)\tab Upon receipt of the employer's answer, the Division will transmit a copy of the answer to the complainant. The complainant will be allowed fourteen days to respond to the answer in writing. At the end of the fourteen 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.\par \pard\qj\par \pard\fi-720\li1440\qj (g) \tab 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/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 N.J.S.A. 34:15-39.1 and N.J.S.A. 34:15-39.2.\par \pard\qj\par \pard\fi-720\li1440\qj (h) \tab 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, N.J.S.A. 52:14B-1 et seq., N.J.S.A. 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.\par \pard\fi-2880\li2880\qj\b\par \ul SUBCHAPTER 9. ASSIGNMENT AND SUPERVISION OF JUDGES\b0 \par \pard\qj\ul0\par \b 12:235-9.1 \tab Assignment of Judges\par \b0\par \pard\fi720\qj It shall be within the sole discretion of the Director to assign judges throughout the State as he/she shall deem appropriate for the effective administration of the Division.\par \pard\qj\par \b 12:235-9.2 \tab Assignment to supervisory positions\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi720\qj (b) \tab The Director may at his or her discretion:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Determine the number of Judges needed to provide the necessary supervision; and\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab Appoint Judges of Compensation to supervisory positions in which the Judges shall serve at the pleasure of the Director.\par \pard\qj\par \b 12:235-9.3 \tab Personnel functions\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (b)\tab The Supervising Judge of a particular district shall be responsible for the orderly and prompt flow of work in that district.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj\b (d) \tab Each Supervising Judge shall furnish statistical reports as required by the Director.\par \pard\s5\keepn\qj\par \ul SUBCHAPTER 10. CONDUCT OF JUDGES\par \pard\qj\b0\ul0 \par \pard\fi-1440\li1440\qj\b 12:235-10.1 \tab A judge should perform the duties of judicial office impartially and diligently\ul\par \pard\qj\b0\ul0\par \pard\fi-720\li1440\qj (a) \tab A judge shall be prompt in the performance of all duties, including, but not limited to:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Convening court proceedings at the time and in the manner established by the Director; \par \pard\qj \par \pard\fi720\li720\qj 2. \tab Completing final disposition of cases; and\par \par \pard\fi-720\li2160\qj 3. \tab Completing and forwarding to the Director at regular intervals performance records and other data relating to judicial performance in a manner established by the Director.\ul\par \pard\fi-270\li540\qj\par \pard\fi720\qj\ul0 (b) \tab The adjudicative responsibilities of a judge are as follows:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A judge should maintain professional competence and be faithful to and comply with the law, regulations and Division procedures. A judge should not be influenced by partisan interest, public opinion, or fear of criticism.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab A judge should maintain order and decorum in judicial proceedings.\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab A judge should be patient, dignified, and courteous to litigants, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should not permit lawyers, court officials, and others subject to the judge's direction and control to display impatience or discourtesy or to detract from the dignity of the court. \par \pard\qj\par \pard\fi-720\li2160\qj 4. \tab A judge should be impartial and should not discriminate because of race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status, or disability.\par \pard\qj\ul\par \pard\fi-720\li2160\qj\ul0 5. \tab A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice based upon race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status or disability against parties,\ul \ul0 witnesses, counsel, or others. This section does not preclude legitimate advocacy when race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status or disability, or other similar factors are issues in the proceeding.\par \pard\qj\par \pard\fi-720\li2160\qj 6. \tab A judge should accord to every person who is legally interested in a proceeding, or that person's lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider substantive ex parte communications concerning a pending or impending proceeding. The proscription against communications concerning a proceeding includes communications from lawyers, law teachers, and other persons who are participants in the proceeding, except to the limited extent permitted. This does not preclude a judge from consulting with other judges, or with court personnel whose function is to aid the judge in carrying out adjudicative responsibilities.\par \par 7.\tab A judge should abstain from public comment about a pending or impending proceeding in any court and should require similar abstention on the part of court personnel subject to the judge's direction and control.\par \pard\qj\par \pard\fi-720\li2160\qj 8.\tab A judge should permit broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions only in accordance with the guidelines promulgated by the Supreme Court as modified by these rules of the Division of Workers\rquote Compensation and subject to the restrictions contained therein. See \i Supreme Court Guidelines For Still and Television Camera and Audio Proceedings in the Courts of New Jersey. New Jersey Court Rules 1999.\i0\par \pard\qj\par \pard\fi720\qj (c) \tab The administrative responsibilities of a judge are as follows:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A judge should diligently discharge the administrative responsibilities of the office without bias or prejudice, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab A judge should require staff, court officials, and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties.\par \pard\qj\par \pard\fi720\li720\qj 3. \tab A judge has the following disciplinary responsibilities:\par \pard\qj\par \pard\fi-720\li2880\qj i. \tab A judge who receives information indicating a substantial likelihood that another judge has committed a violation of these Rules should take appropriate action. A judge having knowledge that another judge has committed a violation of these Rules that raises a substantial question as to the other judge's fitness for office shall inform the appropriate authority;\par \pard\qj\par \pard\fi-720\li2880\qj ii. \tab A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct should take appropriate action. A judge having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate authority; and\par \pard\qj\par \pard\fi-720\li2880\qj iii. \tab Acts of a judge in the discharge of disciplinary responsibilities required or permitted are part of a judge\rquote s judicial duties.\ul\par \pard\fi-270\li540\qj\par \pard\qj\b\ul0 12:235-10.2 \tab Courtesy and civility\par \b0\par \pard\fi-720\li1440\qj (a) \tab A judge shall be impartial and courteous to parties, counsel, and all others appearing or concerned with the administration of justice in the court. \par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A judge shall require, so far as their power extends, that those individuals assisting the judge in the administration of the function of the court extend the same civility and courtesy to counsel and all others having business in the court.\par \pard\qj\tx1440\par \pard\fi-720\li1440\qj\tx1440 (c)\tab The conduct of a judge shall be free from impropriety and the appearance of impropriety. A judge\rquote s personal demeanor, not only on the bench and in the performance of a judge\rquote s judicial duties, but also in their everyday life, shall be beyond reproach. A judge shall be temperate, attentive, patient, and impartial.\ul\par \pard\fi-720\li1440\qj\ul0\par \pard\qj\b 12:235-10.3 \tab Conduct of attorneys\par \b0\par \pard\fi-720\li1440\qj (a) \tab Attorneys shall conduct themselves in a professional manner at all times, as defined by the Rules of Professional Conduct.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A judge shall report to the Supervising Judge and Director all instances of attorney conduct which violates the Rules of Professional Conduct.\ul\par \pard\qj\par \pard\fi-1710\li1710\qj\b\ul0 12:235-10.4 Conduct of witnesses and others having business before the court\par \pard\qj\ul\b0\par \pard\fi-720\li1440\qj\ul0 (a) \tab Witnesses and others having business before the court shall conduct themselves in a proper manner.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A judge shall report to the Supervising Judge and Director all instances of improper, unethical or illegal practices by any expert witness, interpreter, court reporter, or party before the judge.\ul\par \pard\qj\ul0\par \pard\fi-1440\li1440\qj\b 12:235-10.5 A judge should uphold the integrity and independence of the judiciary\par \pard\qj\b0\par \pard\fi720\qj An independent and honorable judiciary is indispensable to justice in society. A judge should participate in establishing, maintaining, and enforcing, and should personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this subchapter should be construed and applied to further that objective.\ul\par \pard\qj\ul0\par \pard\fi-1440\li1440\qj\b 12:235-10.6 \tab A judge should avoid impropriety and the appearance of impropriety in all activities\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a) \tab A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. \par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab A judge should not allow family, social, political, or other relationships to influence judicial conduct or judgment. A judge should not lend the prestige of office to advance the private interests of others; nor should a judge convey or permit others to convey the impression that they are in a special position of influence. A judge shall not testify as a character witness.\par \pard\qj\par \pard\fi-720\li1440\qj (c)\tab A judge shall not hold membership in any organization that practices invidious discrimination on the basis of race, sex, religion, or national origin. \par \pard\qj\ul\par \pard\fi-1440\li1440\qj\b\ul0 12:235-10.7 Disqualification of a judge\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab A judge should disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including, but not limited to, instances where:\par \pard\qj\par \pard\fi-720\li2160\qj 1.\tab The judge has a personal bias or prejudice concerning a party or a party's lawyer or has personal knowledge of disputed evidentiary facts concerning the proceeding;\par \pard\qj\par \pard\fi-720\li2160\qj 2.\tab The judge served as lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a witness concerning it;\par \pard\qj\par \pard\fi-720\li2160\qj 3.\tab The judge knows that he or she, individually or as a fiduciary, or the judge's spouse, parent or child or any other member of the judge's family residing in the judge's household, has a financial interest in the subject matter in controversy or in a party to the proceeding or any other interest that could be affected by the outcome of the proceeding; or\par \pard\qj\ul\par \pard\fi-720\li2160\qj\ul0 4.\tab The judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:\par \pard\qj\par \pard\fi-720\li2880\qj i.\tab Is a party to the proceeding, or an officer, director, or trustee of a party;\par \pard\qj\par \pard\fi-720\li2880\qj ii.\tab Is acting as, or is in the employ of or associated in the practice of law with, a lawyer in the proceeding;\par \pard\qj\par \pard\fi-720\li2880\qj iii.\tab Is known by the judge to have an interest that could be affected by the outcome of the proceeding; or\par \pard\qj\par \pard\fi-720\li2880\qj iv.\tab Is to the judge's knowledge likely to be a witness in the proceeding.\par \pard\qj\ul\par \pard\fi-720\li1440\qj\ul0 (b)\tab A judge should keep informed about his or her personal and fiduciary financial interests and make a reasonable effort to keep informed about the personal financial interests of his or her spouse and dependent children.\par \pard\qj\par \pard\fi720\qj (c)\tab For the purposes of this section: \par \pard\qj\par \pard\fi-720\li2160\qj 1.\tab The degree of relationship is calculated according to the common law;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab\ldblquote Fiduciary\rdblquote includes such relationships as executor, administrator, trustee, and guardian;\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab\ldblquote Financial interest\rdblquote means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other participant in the affairs of a party, except that:\par \pard\qj\par \pard\fi-720\li2880\qj i. \tab Ownership in a mutual or common investment fund that holds securities is not a "financial interest" in such securities;\par \pard\qj\par \pard\fi-720\li2880\qj ii. \tab An office in an educational, religious, charitable, fraternal, or civic organization is not a "financial interest" in securities held by the organization;\par \pard\qj\par \pard\fi-720\li2880\qj iii. \tab The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and\par \pard\qj\par \pard\fi-720\li2880\qj iv. \tab Ownership of government securities is a "financial interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.\par \pard\qj\ul\par \pard\fi-1440\li1440\qj\b\ul0 12:235-10.8 \tab A judge may engage in activities to improve the law, the legal system, and the administration of justice\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab A judge, subject to the proper performance of judicial duties, may engage in the following activities if in doing so the judge does not cast doubt on the judge's capacity to decide impartially any issue that may come before the court and provided the judge is not compensated therefor:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A judge may speak, write, lecture, and participate in other activities concerning the law, the legal system, and the administration of justice upon notice to and approval by the Director and Chief Judge.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab A judge may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice upon notice to and approval by the Director and Chief Judge, and may otherwise consult with an executive or legislative body or official on matters concerning the administration of justice with which the judge is charged with responsibility by the Rules and statutes pertaining to workers\rquote compensation. This section shall not preclude a judge from appearing at a public hearing or consulting with an executive or legislative body or official on pension, salary or any issue which has a direct impact on the judge.\ul \par \pard\qj\par \pard\fi-720\li2160\qj\ul0 3. \tab A judge may serve as a member, officer or director of a non-governmental organization devoted to the improvement of the law, the legal system, or the administration of justice. A judge may not, however, assist such an organization in raising funds nor may a judge participate in their management and investment. A judge may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, legal system, and the administration of justice.\par \pard\qj\ul\par \pard\fi-1440\li1440\qj\b\ul0 12:235-10.9 A judge shall so conduct the judge's personal activities as to minimize the risk of conflict with judicial obligations\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab A judge shall conduct all of the judge's personal activities so that they do not:\par \par \pard\fi-720\li2160\qj 1.\tab Cast reasonable doubt on the judge's capacity to act impartially as a judge;\par \pard\qj\par \pard\fi720\li720\qj 2. \tab Demean the judicial office; or\par \pard\qj\par \pard\fi720\li720\qj 3. \tab Interfere with the proper performance of judicial duties.\ul\par \pard\qj\ul0\par \pard\fi720\qj (b) \tab The following concern avocational activities:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A judge may write, lecture, and speak on non-legal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of the judicial office or interfere with the performance of judicial duties and provided the judge is not compensated therefor.\ul\par \pard\qj\par \pard\fi-720\li2160\qj\ul0 2. \tab A judge may teach on non-legal subjects provided the judge is not compensated therefor subject to notice to and approval by the Director and Chief Judge.\par \pard\qj\par \par \pard\fi-720\li1440\qj (c)\tab A judge may participate in civic and charitable activities that do not reflect adversely upon the judge's impartiality or interfere with the performance of judicial duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:\ul\par \pard\qj\par \pard\fi-720\li2160\qj\ul0 1. \tab A judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before the judge or will be regularly engaged in adversary proceedings in any court.\par \pard\qj\par \pard{\pntext\f0 2.\tab}{\*\pn\pnlvlbody\pnf0\pnindent360\pnstart2\pndec{\pntxta.}} \fi-720\li2160\qj\tx2160 A judge shall not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of the judicial office for that purpose, nor may a judge be listed as an officer, director, or trustee of such an organization in any letters or other documents used in such solicitations. A judge shall not be a speaker or the guest of honor at an organization's fundraising events, but may attend such events and contribute to such organizations.\par \pard\li1440\qj\par \pard\fi-720\li2160\qj 3.\tab A judge shall not give investment advice to such an organization, nor may a judge serve on its board of directors or trustees if it has the responsibility for approving investment decisions.\par \pard\qj\par \pard\fi720\qj (d) \tab The following concern financial activities:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab A judge should refrain from financial and business dealings that tend to reflect adversely on the judge's impartiality, interfere with the proper performance of judicial duties, exploit the judicial position, or involve the judge in transactions with lawyers or persons likely to come before the court on which the judge serves.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab A judge may hold investments, including real estate, but shall not serve as an officer, director, manager, advisor, or employee of any business.\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab A judge should manage his or her investments and other financial interests to minimize the number of cases in which the judge is\ul \ul0 disqualified. As soon as a judge can do so without serious financial detriment, the judge should divest himself or herself of investments and other financial interests that the judge could reasonably anticipate might require frequent disqualification.\ul\par \pard\qj\ul0\par \pard\fi-720\li2160\qj 4. \tab Neither a judge nor a member of the judge's family residing in the same household should accept a gift, bequest, favor, or loan from anyone, except as follows:\par \pard\qj\par \pard\fi-720\li2880\qj i. \tab A judge may accept a gift of nominal value incident to a public testimonial; books supplied by publishers on a complimentary basis for official use; or an invitation to the judge and the judge's spouse to attend a bar-related function or activity devoted to the improvement of the law, the legal system, or the administration of justice;\par \pard\fi-2880\li2880\qj\tx1440\par \pard\fi-720\li2880\qj\tx2880 ii.\tab A judge or a member of the judge's family residing in the same household may accept ordinary social hospitality; a gift, bequest, favor, or loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges; or a scholarship or fellowship awarded on the same terms applied to other applicants; and\ul\par \pard\qj\par \pard\fi-720\li2880\qj\ul0 iii. \tab A judge or a member of the judge's family residing in the same household may accept any other gift, bequest, favor, or loan only if the donor is not a party or other person whose interests have come or are likely to come before the judge.\par \pard\qj\par \pard\fi-720\li2160\qj 5. \tab For the purposes of this section, "member of the judge's family residing in the same household" means any relative of a judge by blood or marriage, or a person treated by a judge as a member of the family, who resides in the same household as the judge. \par \pard\qj\par \pard\fi-720\li2160\qj 6. \tab A judge is not required to disclose income, debts, or investment, except as provided in this subsection and subsection 12:235-10.7. \par \pard\qj\par \pard\fi-720\li2160\qj 7. \tab Information acquired by a judge in a judicial capacity shall not be used or disclosed by the judge in financial dealings or for any other purpose not related to judicial duties.\ul\par \pard\qj\par \pard\fi-720\li1440\qj\ul0 (e)\tab A judge shall not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of the judge's family, and then only if such service will not interfere with the proper performance of judicial duties. "Member of the judge's family" includes only a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. While acting as a fiduciary for a member of the judge's family a judge is subject to the same restrictions on financial activities that apply to the judge in a personal capacity.\par \pard\qj\ul\par \pard\fi720\qj\ul0 (f)\tab A judge shall not act as an arbitrator or mediator.\par \pard\qj\tab\par \pard\fi-720\li1440\qj (g)\tab A judge shall be prohibited from the practice of law, which shall include, but not be limited to, the acceptance of compensation, pecuniary or otherwise, in exchange for referring matters to other attorneys except in situations where the judge prior to his/her appointment made written arrangements for the distribution of fees on cases already in existence.\par \pard\qj\par \pard\fi-720\li1440\qj (h)\tab A judge shall not accept appointment to a governmental committee, commission, or other position except with prior approval of the Director and Chief Judge as well as the Executive Commission on Ethical Standards.\par \pard\qj\ul\par \pard\fi-2160\li2160\qj\b\ul0 12:235-10.10 Other compensation\par \pard\qj\ul\b0\par \pard\fi-720\li1440\qj\ul0 (a) \tab Except as otherwise provided by (b) below, a judge may not receive compensation for activities permitted by this subchapter but may receive reimbursement of actual expenses that the judge reasonably incurred for travel, food, and lodging, provided that the source of such payments does not give the appearance of influencing the judge in the exercise of judicial duties or otherwise give the appearance of impropriety.\par \pard\fi720\qj\par \pard\fi-720\li1440\qj (b) \tab A judge may receive compensation for teaching at law schools and/or colleges provided that the source of such payments does not give the appearance of impropriety, upon notice to and approval by the Director.\par \pard\fi-720\li2160\qj\par \pard\s2\keepn\qj\b 12:235-10.11\tab A judge shall refrain from political activity \par \pard\qj\ul\b0\par \pard\fi720\qj\ul0 (a) \tab A judge shall not: \par \pard\qj\par \pard\fi720\li720\qj 1. \tab Act as a leader or hold any office in a political organization;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab Make speeches for a political organization or candidate or publicly endorse a candidate for public office;\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab Attend political functions that are likely to be considered as being political in nature; or\par \pard\qj\par \pard\fi-720\li2160\qj 4. \tab Solicit funds or pay an assessment or make a contribution to a political organization or candidate, or purchase tickets for political party dinners or other functions.\ul\par \pard\qj\par \pard\fi-720\li1440\qj\ul0 (b) \tab A judge shall resign from office when the judge becomes a candidate for an elective public office.\par \pard\qj\ul\par \pard\fi720\qj\ul0 (c) \tab A judge shall not otherwise engage in any political activity.\par \pard\qj\par \pard\qj\tx1530\b 12:235-10.12 \tab Medical reports\par \pard\qj\b0\par \pard\fi720\qj Any judge who 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 shall notify the Director.\par \pard\qj\par \b 12:235-10.13 Causes for discipline or removal\par \b0\par \pard\fi720\qj (a)\tab A Judge may be disciplined for:\par \pard\li720\qj\par \pard\fi-720\li2160\qj 1. \tab Violation of the code of judicial conduct as set forth in N.J.A.C. 12:235-10.1 through N.J.A.C. 12:235-10.12;\par \pard\li1500\qj\par \pard\fi-720\li2160\qj 2. \tab 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; and/or\par \pard\qj\par \pard\fi720\li720\qj 3. \tab Failure, neglect or inability to perform judicial duties.\ul\par \pard\qj\par \pard\qj\tx1620\b\ul0 12:235-10.14 \tab Forms of discipline\par \pard\qj\b0\par \pard\fi720\qj (a)\tab Disciplinary sanctions shall include, but not be limited to:\ul\par \pard\qj\par \pard\fi720\li720\qj\ul0 1.\tab An oral or written private reprimand;\par \pard\li3600\qj\par \pard\fi720\li720\qj 2. \tab An oral or written public reprimand;\par \par 3. \tab A suspension; and\tab\par \par 4.\tab Removal.\par \pard\fi720\qj\par \pard\fi-720\li1440\qj (b)\tab A judge may be suspended by the Commissioner with or without pay pending the outcome of the disciplinary process in accordance with Department procedures. \tab\ul\par \pard\qj\par \pard\fi-720\li1440\qj\ul0 (c) \tab A judge may be represented by counsel in any step of the disciplinary proceeding. \par \pard\qj\par \pard\qj\tx1620\b 12:235-10.15 \tab Minor discipline\par \pard\qj\b0\par \pard\fi720\qj 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.\ul \ul0 \ul\par \pard\qj\ul0\par \pard\qj\tx1620\b 12:235-10.16 \tab Major Discipline\par \pard\qj\ul\b0\par \pard\fi720\qj\ul0 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. 12:235-10.21. \par \pard\qj\par \pard\qj\tx1620\b 12:235-10.17 \tab Establishment of Commission on Judicial Performance \par \pard\qj\b0\par \pard\fi-720\li1440\qj (a) \tab 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. \par \pard\fi720\qj\ul \par \pard\fi-720\li1440\qj\ul0 (b) \tab 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.\par \pard\qj\par \pard\qj\tx1620\b 12:235-10.18 \tab Initial Review by the Commission\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a) \tab 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. \par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \pard\qj\tx1620\b 12: 235-10.19 \tab Evidentiary Review By the Commission\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab When the Commission conducts an evidentiary review , the Commission shall:\par \pard\qj\par \pard\fi720\li720\qj 1. \tab Shall require the filing of a verified complaint or report.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab 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.\par \pard\qj\par \pard\fi720\li720\qj 3. \tab Review and determine requests for discovery.\par \pard\qj\par \pard\qj\tx1620\b 12:235-10.20\tab Recommendations of the Commission\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab 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:\par \pard\fi720\qj\par \pard\fi-720\li2160\qj 1. \tab 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.\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab 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.\par \pard\fi-720\li1440\qj\par \pard\fi-720\li2160\qj 3.\tab 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.\par \pard\qj\par \pard\fi-720\li2160\qj 4. \tab 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. 12:235-10.15. 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. 12:235-10.16.\par \pard\qj \par \pard\fi-720\li2160\qj 5. \tab Whenever the Commission concludes, and only after an evidentiary review under N.J.A.C. 12:235-10.19, 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.\par \pard\qj\par \pard\qj\tx1620\b 12:235-10.21\tab Final Hearing\par \pard\qj\b0\par \pard\fi720\qj 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. \par \pard\qj\tx4230\par \pard\qj\tx1620\tx4230\b 12:235-10.22 \tab Confidentiality\par \pard\qj\tx4230\b0\par \pard\qj\tx720\tab 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.\par \pard\qj\ul\par \b\ul0 12:235-10.23 Judicial independence and discipline process\par \b0\strike\par \pard\fi720\qj\strike0 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.\par \pard\s2\keepn\qj\cf1\b\par \pard\cf0\b0\fs20\par \pard\s2\keepn\qj\cf1\ul\b\fs24 SUBCHAPTER 11. ACCIDENT REPORTS\par \pard\qj\b0\ul0\par \pard\fi-2160\li2160\qj\b 12:235-\cf0 11.1 Employer\rquote s First notice of accidental injury or occupational disease\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab Every employer subject to N.J.S.A. 34:15-96 shall file a first notice of accidental injury or occupational disease under the procedures set forth in (b) below when:\par \pard\qj\tx1440\par \pard\fi-720\li2160\qj\tx1350\tx2160 1.\tab The injury causes a loss of time from regular duties beyond the working day or shift on which the accident occurred; or\par \pard\qj\par \pard\fi720\li720\qj 2.\tab Medical treatment beyond ordinary first aid is required; or\par \pard{\pntext\f0 2\tab}{\*\pn\pnlvlbody\pnf0\pnindent360\pnstart2\pndec } \fi-360\li1440\qj\tx1440\par \pard\fi720\li720\qj 3.\tab Occupational disease exists whether or not time is lost.\par \pard\fi-720\li1440\qj\par (b) \tab Upon the happening of an accident or the occurrence of any occupational disease, an employer who has insurance coverage or utilizes a third party administrator shall promptly furnish the insurance carrier or the third party administrator with accident or occupational disease information. \par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Within three weeks after an accident or upon knowledge of the occurrence of an occupational disease, every insurance carrier, third party administrator, statutory non-insured employer, including the State, counties, municipalities and school districts, and duly authorized self-insured employer not utilizing a third party administrator shall file a report designated as \ldblquote first notice of accident\rdblquote in electronic data interchange media with the Division of Workers\rquote Compensation through the Compensation and Rating and Inspection Bureau in a format prescribed by the Compensation and Rating and Inspection Bureau. When filed by an insurance carrier or third party administrator, the report shall also be sent to the employer. If the employer disagrees with the report, the employer may prepare and sign an amended report and file the amended report with the insurance carrier or third party administrator. The amended report must then be filed electronically with the Division through the Compensation Rating and Inspection Bureau. \par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab The Compensation Rating and Inspection Bureau shall insure the information received pursuant to this subchapter is readily available to the Division or any person authorized by the Commissioner of Labor pursuant to N.J.S.A. 34:15-99. \par \pard\qj\par \pard\fi-720\li1440\qj \par \pard\fi-1620\li1620\qj\b 12:235-11.2 \tab Employer\rquote s final report of accidental injury or occupational disease \par \pard\qj\b0\par \pard\fi-720\li1440\qj (a)\tab 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.\par \pard\li720\qj\ul\par \pard\fi-720\li1440\qj\ul0 (b)\tab 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 Benefit 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.\par \pard\qj\ul\par \b\ul0 12:235-11.3 \tab Penalty for noncompliance\par \ul\b0\par \pard\fi-720\li1440\qj\ul0 (a)\tab 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.\ul\par \pard\fi720\qj\par \pard\fi-720\li1440\qj\ul0 (b) \tab 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.\par \b\par \pard\s2\keepn\qj\par \ul SUBCHAPTER 12. SURCHARGE COLLECTION PROCEDURES\par \pard\qj\b0\ul0\par \b 12:235-12.1\tab Purpose and scope\par \b0\par \pard\fi-720\li1440\qj (a) \tab The purpose of this subchapter is to establish surcharge collection procedures to fund the Uninsured Employers Fund and the Second Injury Fund.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The surcharges shall be levied against all workers\rquote compensation and employers' liability insurance policyholders and self-insured employers.\par \pard\qj\par \b 12:235-12.2 \tab Definitions\par \b0\par \pard\fi720\qj The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:\par \pard\qj\par \pard\fi720\qj "Department" means the New Jersey Department of Labor.\par \pard\qj\par \pard\li720\qj "Director" means the Director/Chief Judge of the Division of Workers\rquote Compensation.\par \pard\qj\par \pard\li720\qj "Earned premium" means the portion of the standard premium that was earned on a pro-rata basis of the policy term.\par \pard\qj\par \pard\li720\qj 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.\tab\par \pard\qj\par \pard\li720\qj "Insurer" means a domestic, foreign, or alien mutual association or stock company writing workers\rquote compensation or employer\rquote s liability insurance on risks located in this State who is subject to premium taxes pursuant to N.J.S.A. 54:18A-l et seq.\par \pard\qj\par \pard\li720\qj "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.\par \pard\qj\par \pard\li720\qj "Policyholder" means a holder of a policy of workers\rquote compensation and employer\rquote s liability insurance issued by an insurer, exclusive of any workers\rquote compensation endorsement requirement pursuant to N.J.S.A. 17:36-5.29.\par \pard\qj\par \pard\li720\qj "Report of compensation paid" is a report of the total amount of workers\rquote compensation paid pursuant to N.J.S.A. 34:15-1 et seq., adjusted for the amounts paid for funeral expenses and for the compromise of disputed claims pursuant to N.J.S.A. 34:15-20.\par \pard\qj\par \pard\li720\qj "Second Injury Fund" means a fund established pursuant to N.J.S.A. 34:15-94 which is designed to provide funds for workers who have experienced two disability injuries.\par \pard\qj\par \pard\li720\qj "Self-insured employer" means an employer which is authorized to self-insure for workers\rquote compensation or employer\rquote s liability pursuant to N.J.S.A. 34:15-77.\par \pard\qj\par \pard\li720\qj "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.\par \pard\qj\par \pard\li720\qj "Uninsured Employer's Fund" means a fund to provide for the payment of awards against uninsured defaulting employers pursuant to N.J.S.A. 34:15-120.1 et seq.\par \pard\qj\par \b 12:235-12.3 \tab Reporting compensation paid\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \b 12:235-12.4 \tab Calculation and notification of surcharge\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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\rquote s premium notice.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab The resulting surcharge amounts shall be stated by the insurer separately on the premium notice.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab 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.\par \pard\qj\par \b 12:235-12.5 \tab Surcharge collection procedure\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi720\li720\qj 1. \tab For insurers, the following apply:\par \pard\qj\par \pard\fi-720\li2880\qj i. \tab 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;\par ii. \tab 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\par iii. \tab 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.\par \pard\qj\par \pard\fi720\li720\qj 2. \tab For self-insured employers, the following apply:\par \pard\fi720\qj\par \pard\fi-720\li2880\qj i. \tab The amount of the remittance shall be equal to one-quarter of the annual surcharge, adjusted for supplemental benefits and special adjustments paid during the calendar quarter of remittance; and\par ii. \tab One-quarter of the annual surcharge shall be remitted within 30 days of the end of each calendar quarter ending March 31, June 30, September 30, and December 31.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab The surcharge remittance form shall be returned with the surcharge remitted to the Department.\par \pard\qj\par \b 12:235-12.6 \tab Verification and audit procedures\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab The form and manner of completion shall be as directed by the Director.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab Claims for credits for supplemental benefits and special adjustment payments made pursuant to N.J.S.A. 34:15-94 are subject to review and approval by the Director.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Any credits claimed that are not approved by the Director shall result in the insurer or self-insured employer being liable for the surcharge in the amount of the disallowed claim for credit.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Insurers and self-insured employers that fail to submit the support of the credits claimed on their quarterly remittance shall be liable for the total amount of the quarterly surcharge due without credit for the amount of supplemental benefits and special adjustment payments.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab Earned premiums and reports of compensation paid are subject to audit and verification by the Department.\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Adjustments resulting from incorrectly reported earned premiums or reports of compensation paid shall result in a recalculation of the surcharge due from the insurer or self-insured employer who filed the incorrect information.\par \pard\qj\par \pard\fi-720\li1440\qj (e) \tab Any amounts of surcharges due as the result of disallowed claims for credit or incorrect reports of earned premiums or reports of compensation paid shall be subject to interest on the portion of the surcharge that is due as the result of the disallowance or adjustment made by the Department.\par \pard\qj\par \b 12:235-12.7 Earned premium notification\par \b0\par \pard\fi720\qj Insurers are required to notify the Department of Insurance of the amount of standard earned premiums for the period January 1 to December 31 of each calendar year by August 31 of the immediately following year. Such premiums shall be used in the determination of the annual policyholder surcharge rate applicable during the next policy year.\par \pard\qj\par \b 12:235-12.8 Forms\par \b0\par \pard\fi720\qj Forms referred to in this subchapter are available from the Department, and may be requested in writing from:\par \pard\qj\par \pard\qc\b Office of the Controller\par New Jersey Department of Labor\par \pard\s6\keepn\qc CN 078\par \pard\qc Trenton, New Jersey 08625-0078\b0\par \par \pard\b 12:235-12.9 \tab Penalties\par \pard\qj\b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par (b) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab Surcharges and penalties which are delinquent are subject to collection proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1.\b\par \pard\fi-2160\li2160\par \ul SUBCHAPTER 13. \tab ENFORCEMENT AND COLLECTION OF NON-INSURANCE PENALTIES\par \pard\qj\ul0\par 12:235-13.1 \tab General\par \b0\par \pard\fi-720\li1440\qj (a) \tab The Director/Chief Judge or his or her designee may, upon finding that an employer has failed for a period of not less than ten (10) consecutive days to make provision for payment of compensation as required by N.J.S.A. 34:15-71 and N.J.S.A. 34:15-72 and subsequent to notice and demand for proof of such provision pursuant to N.J.A.C. 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 (N.J.S.A. 34:15-7 et seq.) an assessment up to an amount of $1,000.00 and when the period exceeds twenty (20) days, an additional assessment of up to $1,000.00 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."\par \pard\qj\par \b 12:235-13.2 \tab Notice and Demand for Proof of Coverage\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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 twenty (20) calendar days and procedures for the business entity to request a hearing on the allegation.\par \pard\qj\par \b 12:235-13.3 \tab Acceptable Proofs\par \b0\par \pard\fi-720\li1440\qj (a) \tab In response to a notice issued pursuant to N.J.A.C. 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 N.J.S.A. 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 sixty (60) calendar days from the date of the mailing of such notice.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab 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 twenty (20) calendar days following the date of the second notice.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab 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.\par \pard\qj\par \b 12:235-13.4 \tab Failure to Respond\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \b 12:235-13.5 \tab Hearings\par \b0\par \pard\fi-720\li1440\qj (a) \tab A hearing will be conducted by the Director/Chief Judge or designee if requested pursuant to N.J.A.C. 12:235-13.2.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (c) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (d) \tab If, upon finding that the employer was in violation of N.J.S.A. 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:\par \pard\qj\par \pard\fi-720\li2160\qj 1. \tab Length of time the employer was without workers' compensation coverage;\par \pard\qj\par \pard\fi-720\li2160\qj 2. \tab An occurrence of a compensable injury while the employer was uninsured;\par \pard\qj\par \pard\fi-720\li2160\qj 3. \tab Past history of violations by the employer or an entity in which the violator was an owner, officer or principal shareholder;\par \pard\qj\par \pard\fi720\li720\qj 4. \tab Good faith of the employer;\par \pard\qj\par \pard\fi720\li720\qj 5. \tab Size of the employer's business; and\par \pard\qj\par \pard\fi-720\li2160\qj 6.\tab Any other material factors which the Director/Chief Judge or designee deems appropriate.\par \pard\fi-720\li1440\qj\par (e) \tab If, as the result of a hearing, pursuant to this subchapter, an initial penalty amount is abated in part upon condition of timely payment, in whole or by installment, said employer shall make payment in strict accordance with the schedule of payments set forth by the Director/Chief Judge or designee. If the conditions of the penalty abatement order are not met, the abatement shall, upon further order of the Director/Chief Judge or designee, and without further hearing, be rescinded and the full amount of the initial assessment shall be due and owing.\par \pard\qj\par \pard\fi-720\li1440\qj (f) \tab The Director/Chief Judge or designee shall issue a final administrative order within a reasonable time following the conclusion of the hearing.\par \pard\qj\par \b 12:235-13.6 \tab Payments\par \b0\par \pard\fi-720\li1440\qj (a) \tab 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.\par \pard\qj\par \pard\fi-720\li1440\qj (b) \tab 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.\par \pard\s1\keepn\qj\b\par \par \ul SUBCHAPTER 14. STANDARD FORMS\par \pard\qj\b0\ul0\par \b 12:235-14.1 Listing of forms\par \b0\par \pard\fi-720\li1440\qj (a) \tab Listed below are the titles and numerical designations of the standard forms utilized for workers\rquote compensation:\par \pard\qj\par \pard\fi720\li720\qj 1. \tab Employee Claim Petition, WC 365;\par \pard\fi720\qj \tab 2. \tab Dependency Claim Petition, WC 366;\par \pard\fi-720\li2160\qj 3. \tab Application for Review or Modification of Formal Award, WC 368;\par 4. \tab Notice of Motion for Temporary and/or Medical Benefits, WC 101;\par \pard\fi720\qj \tab 5. \tab Respondent\rquote s Answer to Claim Petition, WC 367;\par \pard\qj \tab\tab 6. \tab Respondent\rquote s Answer to Dependency Claim Petition, WC 171;\par \pard\fi-720\li2160\qj 7. \tab Answer to Application for Review or Modification of Formal Award, WC 369;\par 8. \tab Answering Statement to Motion for Temporary and Medical Benefits, WC 102;\par 9. \tab Standard Respondent\rquote s Interrogatories: Occupational Diseases (WC-22);\par 10. \tab Standard Petitioner\rquote s Interrogatories: Occupational Diseases (WC-23)\par \pard\fi720\qj \tab 11.\tab Pre-Trial Memorandum, WC(DO) 31;\par \pard\qj \tab\tab 12.\tab Order Approving Settlement WC(DO) 370;\par \pard\fi720\qj \tab 13.\tab No Insurance Case, WC(DO)-339;\par \pard\fi-720\li2160\qj 14.\tab Bench Referral from Division of Workers\rquote Compensation to New Jersey Division of Vocational Rehabilitation Services;\par \pard\fi720\qj \tab 15.\tab Application for Informal Hearing WC(CF) 66;\par \pard\qj \tab\tab 16.\tab Central Office Record of Informal Proceedings, WC(CF) 11;\par \pard\fi720\qj \tab 17.\tab Second Injury Fund Application and Verified Petition;\par \pard\qj \tab\tab 18.\tab Decision of Eligibility, WC 48;\par \pard\fi720\qj \tab 19.\tab Application for Commutation, WC(1) 60;\par \pard\qj \tab\tab 20.\tab Decision of Dismissal, WC 47;\par \pard\fi720\qj \tab 21.\tab Discrimination Complaint, SCF 4;\par \pard\fi-720\li2160\qj 22.\tab Employer\rquote s First Report of Accidental Injury or Occupational Illness, L&I 1;\par 23.\tab Employer\rquote s First Report to Division of Workers\rquote Compensation of Accidental Injury or Occupational Disease, WC 1;\par 24.\tab Insurer\rquote s Initial Notice of Accident and Insurer\rquote s and Self-Insurer\rquote s Statement of Wages and Agreement to Care for Case, WC 2;\par \pard\fi720\qj \tab 25. \tab Informational Brochure on Informal Proceedings;\par \pard\qj \tab\tab 26.\tab Final Report of Accident, WC 3;\par \pard\fi720\qj \tab 27.\tab Final Report of Accident, WC 4;\par \pard\qj \tab\tab 28.\tab Final Report of Accident, WC 5;\par \pard\li1440\qj\tx1440 29.\tab Final Report of Accident, WC 6;\par 30.\tab Substitution of Attorney, WC 10.\par \pard\qj\par \b 12:235-14.2 \tab Sample forms \par \b0\par \pard\fi720\qj Samples of the standard forms listed in N.J.A.C. 12:235-14.1 follow:\par \pard\qj\par \pard\fi720\qj OFFICE OF ADMINISTRATIVE LAW NOTE: The Division of Workers' Compensation submitted 30 sample forms. These forms are not reproduced herein but may be inspected at:\par \pard\qj\par \pard\qc\b Office of Administrative Law\par \pard\s3\keepn\qc Building 9\par \pard\qc Quakerbridge Plaza, Quakerbridge Road\par PO Box 049\par \pard\s3\keepn\qc Trenton, NJ 08625-0049\par \pard\qc and\par Department of Labor\par Division of Workers' Compensation\par Sixth Floor\par John Fitch Plaza\par PO Box 399\b0\par \pard\s6\keepn\qc\b Trenton, NJ 087625\par }