N.J. Admin. Code § 12:235-5.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 12:235-5.1 - General procedure

(a) 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.

1. The settlement conference may be adjourned by a Judge of Compensation for good cause.

2. 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.

(b) If the Judge of Compensation finds that the petitioner is not totally and permanently disabled, the Fund petition shall be dismissed.

(c) 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.

(d) 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.

(e) 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.

1. 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.

2. Pending determination of the application for Fund benefits, the employer previously found liable shall commence payments at the applicable rate for permanent total disability.

N.J. Admin. Code § 12:235-5.1

Amended by R.1991 d.466, effective 9/3/1991.
See: 23 New Jersey Register 1759(a), 23 New Jersey Register 2642(a).
Procedures used when settlement cannot be effected; how trial is listed; and manner of dealing with a Second Injury Fund application specified.
Amended by R.1997 d.110, effective 3/3/1997.
See: 28 New Jersey Register 4067(a), 29 New Jersey Register 799(a).
In (b), substituted "may be listed" for "shall be listed"; and deleted (b)i, which provided that the judge be guided by a referenced case.
Correction: The word "apportionment" has been corrected from "appointment".
See: 18 New Jersey Register 1201(a).
Amended by R.1991 d.466, effective 9/3/1991.
See: 23 New Jersey Register 1759(a), 23 New Jersey Register 2642(a).
Stylistic changes.
Amended by R.1991 d.466, effective 9/3/1991.
See: 23 New Jersey Register 1759(a), 23 New Jersey Register 2642(a).
Employer payment to and from the Fund specified.
Amended by R.1997 d.110, effective 3/3/1997.
See: 28 New Jersey Register 4067(a), 29 New Jersey Register 799(a).
In (d), substituted "in accordance with" for "subject to", amended N.J.S.A. reference, and inserted reference to (a).
Recodified from N.J.A.C. 12:235-7.1 and amended by R.2002 d.340, effective 10/21/2002.
See: 34 New Jersey Register 2257(a), 34 New Jersey Register 2549(a), 34 New Jersey Register 3641(d).
Designated former (b) as (a)2 and inserted "bifurcated and" preceding "listed"; recodified former (c) through (e) as (b) through (d); recodified former (f) as (e) and substituted "may be" for "is" following "disability"; recodified former N.J.A.C. 12:235-7.2(a) as (e)1 and N.J.A.C. 12:235-7.3(a) as (e)2. Former N.J.A.C. 12:235-5.1, Initial pleadings, recodified to N.J.A.C. 12:235-3.1.