N.J. Admin. Code § 12:235-7.9

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

Section 12:235-7.9 - Certification to the UEF, medical information in asbestos exposure cases

(a) In addition to the items specified at 12:235-7.3 for certification to the UEF, the petitioner shall, in asbestos exposure claims under 12:235-7.8 provide the following as part of such certification:

1. Identification of all third-party actions or latent disease claims filed by or on behalf of the employee based upon exposure(s) to asbestos, including the names of the defendants and the courts in which such actions are pending or were concluded;

2. Date of manifestation of the employee's asbestosis or asbestos-induced cancer;

3. Date of discovery, disclosure or diagnosis of the employee's asbestosis or asbestos-induced cancer and its relation to the ability of the employee to work;

4. Rate of progression of the employee's asbestosis or asbestos-induced cancer;

5. Date(s) the employee was impaired or unable to work as a result of the asbestosis or asbestos-induced cancer;

6. Date(s) of any lost time for medical treatments related to asbestosis or asbestos-induced cancer;

7. Nature of pre-existing pulmonary conditions, cancer-related conditions, exposure to any other chemicals, and/or smoking history;

8. Medical basis for concluding that there is a causal relationship between the employee's work and the employee's asbestosis or asbestos-induced cancer;

9. Medical conditions pre-existing the alleged exposure(s) to asbestos, including the nature of the pre-existing condition(s), the date(s) and type(s) or medical treatment received, and the names and addresses of all medical practitioners and providers involved in the diagnosis and treatment of such condition(s);

10. Details of efforts made under the provisions of 12:235-7.8(b);

11. Dates and nature of employment during which the employee was exposed to asbestos or during which the employee was exposed to conditions which aggravated or contributed to the asbestosis or asbestos-induced cancer. Such information should include, but not be limited to, any environmental information and data giving evidence of the level of exposure to asbestos and how such levels exceeded those encountered in the general environment; and

12. Nature and extent of any future treatment for the employee's asbestosis or asbestos-induced cancer.

(b) If any of these items of information are not provided to the UEF, the petitioner or the petitioner's attorney shall indicate that a request or search has established that such item or information is not available. The UEF may require such additional information and searches that are necessary and reasonable for review of the application.

(c) In addition to the information required under the provisions of this rule in (a) above and under 12:235-7.3, the petitioner shall provide the UEF with all medical records and information related to the asbestos exposure claim.

N.J. Admin. Code § 12:235-7.9

New Rule, R.2005 d.161, effective 5/16/2005.
See: 37 N.J.R. 385(c), 37 N.J.R. 1738(a).
Amended by R.2006 d.305, effective 8/21/2006.
See: 38 N.J.R. 1521(a), 38 N.J.R. 3308(b).
In the introductory paragraph of (a) and in (c), substituted "7.3" for "7.4".