[First Reprint]

SENATE, No. 1916







Sponsored by:


District 36 (Bergen, Essex and Passaic)


District 26 (Morris and Passaic)

Assemblyman JOSEPH V. EGAN

District 17 (Middlesex and Somerset)

Assemblyman NEIL M. COHEN

District 20 (Union)

Assemblyman THOMAS P. GIBLIN

District 34 (Essex and Passaic)

Assemblyman PETER J. BARNES, III

District 18 (Middlesex)


Co-Sponsored by:

Senator Ruiz and Assemblywoman Greenstein






     Concerns emergent medical care under workers’ compensation.



     As reported by the Senate Labor Committee on June 19, 2008, with amendments.


An Act concerning medical care under workers’ compensation and supplementing chapter 15 of Title 34 of the Revised Statutes.


     Be It Enacted by the Senate and General Assembly of the State of New Jersey:


     1.    When 1[certified by] through medical documentation1 a physician 1states1 that a worker is in need of emergent medical care that is not1, following a request by the worker to the employer or the employer’s carrier,1 being provided or authorized by the employer, the worker may file a motion for emergent medical treatment with or after the filing of a claim petition.  1The physician shall further state that delay of treatment will result in irreparable harm or damage and state the specific nature of the irreparable harm or damage.1  The motion1, to which shall be appended all medical records in possession of the moving party,1 shall also be served on the 1[respondent or the respondent=s attorney] employer and the employer’s carrier, or their attorneys,1 at the time of filing.  1[A hearing] An answer to the motion shall be filed not later than five calendar days after the date of service.  An initial conference1 on the motion shall 1[be scheduled] take place1 within five 1calendar1 days of the filing 1of the answer11Thereafter the judge of compensation shall schedule the matter for a hearing in accordance with the rules adopted pursuant to section 3 of this act.  The respondent shall be provided 15 calendar days from the date of service of the motion to secure a medical examination if it requires one.1


     2.    Every carrier and self-insured employer shall designate a contact person who is responsible for responding to issues concerning medical and temporary disability benefits where no claim petition has 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.  Any changes in information about the contact person shall be immediately submitted to the division as they occur.  After an answer is filed with the division, the attorney of record for the respondent shall act as the contact person in the case.  Failure to comply with the provisions of this section shall result in a fine of $2,500 for each day of noncompliance, payable to the Second Injury Fund.

     13.   The Commissioner of Labor and Workforce Development shall, pursuant to the “Administrative Procedure Act” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt regulations to implement the provisions of this act.1


     1[3.] 4.1     This act shall take effect immediately.