N.J. Admin. Code § 12:18-1.5
Current through Register Vol. 56, No. 24, December 18, 2024
Section 12:18-1.5 - Offset by workers' compensation award when temporary disability benefits are payable based on claimant's employment with another employer(a) If a covered individual with more than one employer receives temporary workers' compensation benefits for an injury or illness incurred at one place of employment and that individual files a claim for New Jersey temporary disability benefits as a result of the same injury or illness on the basis of his or her employment with the other employer(s), those benefits are payable under the New Jersey State plan or an approved private plan provided that: 1. The claimant otherwise meets the eligibility criteria for temporary disability benefits in accordance with N.J.S.A. 43:21-25 et seq.;2. Wages from all covered employers are used to calculate the temporary disability insurance weekly benefit rate as defined in N.J.S.A. 43:21-40 and the maximum benefit amount as defined in N.J.S.A. 43:21-38;3. The temporary disability insurance weekly benefit rate is reduced by the temporary workers' compensation weekly benefit rate;4. The claimant receives the temporary disability insurance benefits at the adjusted rate; and5. Any such reduction in the temporary disability insurance weekly benefit rate shall also reduce the maximum total benefits payable during the period of disability.(b) In such cases, the most recent covered employer who is not a party in the workers' compensation claim, shall be considered as the last employer under the New Jersey temporary disability benefits law. If the last employer is covered under the New Jersey State plan, benefits shall be paid under the State plan and shall be charged to the account of that employer. If the last employer is covered under an approved private plan, that plan shall be responsible for the payment of benefits.N.J. Admin. Code § 12:18-1.5
New Rule, R.2002 d.45, effective 2/4/2002.
See: 33 N.J.R. 3622(a), 34 N.J.R. 770(b).