N.J. Admin. Code § 12:235-7.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:235-7.2 - Filing notice of an uninsured claim; personal service; subpoena duces tecum; third party joinder

(a) Petitioner or petitioner's attorney shall contact the Compensation Rating and Inspection Bureau for coverage information in writing within 30 days after the petitioner or the petitioner'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's response shall be included in the motion to join the UEF.

(b) If benefits may be sought from the UEF, the petitioner or petitioner's attorney shall notify the UEF in writing within 30 days after the petitioner or petitioner'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.

(c) 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 against the uninsured employer.

1. 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.

2. The motion to join the UEF shall be filed in the vicinage in which the case is assigned.

3. A copy of the motion to join the UEF shall be served upon the Fund in the Office of Special Compensation Funds, PO Box 399, Trenton, New Jersey 08625-0399.

(d) Petitioner's attorney may make personal service of the claim petition and the motion to join the UEF on respondent.

1. Proof of service shall be filed with the Division and with the attorney representing the UEF.

2. If respondent is unable to be served, petitioner'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.

(e) The UEF shall have the authority to join a third-party and the third-party's insurance carrier when it appears that such party is or may be liable for the benefits sought.

(f) In reviewing claims submitted to the Uninsured Employer's Fund for payment pursuant to 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 or her attorney from the time they knew or reasonably should have known the respondent employer was uninsured.

N.J. Admin. Code § 12:235-7.2

Amended by R.1991 d.466, effective 9/3/1991.
See: 23 New Jersey Register 1759(a), 23 New Jersey Register 2642(a).
Procedure to join 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).
Rewrote (a); inserted new (c); recodified former (c) and (d) as (d) and (e); in (d)2, substituted "Judge of Compensation" for "Director"; and added (f).
Recodified from N.J.A.C. 12:235-12.2 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).
Former N.J.A.C. 12:235-7.2, Hearing, recodified to N.J.A.C. 12:235-5.1(e) 1.
Amended by R.2004 d.263, effective 7/6/2004.
See: 36 New Jersey Register 1350(a), 36 New Jersey Register 3294(a).
Rewrote (a) through (c).