Due Process in the New Jersey Workers’ Compensation System

In an ideal workers’ compensation system, all parties would keep to the letter of the law. However, courts’ rules are oftentimes relaxed within our system and often not followed. In handling any New Jersey workers’ compensation claim petition, employers, employers’ attorneys and claims professionals must be diligent in making sure that employers’ fundamental rights are not violated by this relaxed approach. All parties, petitioners, and respondents have the right to due process. This right includes procedural due process and substantive due process. For instance, one …

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The Importance of Due Diligence on Workers’ Compensation Matters

When you assign the handling of a workers’ compensation matter, it is imperative that the law firm handling the matter properly investigates the claim before proceeding to a causal relationship and/or permanency evaluation examination and definitely before engaging in settlement negotiation. The handling law firm, when applicable, should be obtaining the following: all authorized medical records, all unauthorized medical records, an ISO search claims report (lists all reported claims), run New Jersey Courts On-Line for any other workers’ compensation claim petitions, signed medical authorization(s) for …

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