N.J. Admin. Code § 12:235-5.2

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

Section 12:235-5.2 - Payment of benefits

(a) 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.

1. If the employer has paid in excess of the amount for which it is responsible, the employer shall be reimbursed by the Fund.

(b) 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.

(c) Such payment 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 34:15-95 and subject to 12:235-5.1(e)2.

N.J. Admin. Code § 12:235-5.2

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. 12:235-7.3(b) through (d) 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).
Recodified former N.J.A.C. 12:235-7.3(b) and (c) as (a) and (b); recodified former N.J.A.C. 12:235-7.3(d) as (c) and substituted "N.J.A.C. 12:235-5.1(e) 2" for "(a) above". Former N.J.A.C. 12:235-5.2, Motions for temporary disability and/or medical benefits, recodified to N.J.A.C. 12:235-3.2.