Welcome to our Orthopedics Practice Workers’ Compensation Guide! This comprehensive resource is designed specifically for you, offering a detailed overview of workers’ compensation related to orthopedic injuries.
Although we provide valuable insights, it’s important to note that this guide is not a substitute for professional advice. For more precise and personalized information, we encourage you to visit the official workers’ compensation portal. This portal serves as your primary source for the latest regulations, forms, and additional details, ensuring access to the most current and accurate information.
Your well-being is our top priority, and we believe that this guide will be a useful starting point as you navigate the complexities of workers’ compensation within the realm of orthopedic care.
Notices from N.J. Division of Workers’ Compensation
February 14, 2022: Reopening of N.J. Workers’ Compensation Facilities
As of March 7, 2022, the N.J. Division of Workers’ Compensation will fully open its facilities for attorneys, litigants, and others involved in regularly listed matters. While routine proceedings may continue virtually, trials, motion hearings, and other contested matters must be conducted in person.
November 19, 2021: Reassignment of Vicinages and Judicial Coordinators
Starting January 1, 2022, Administrative Supervisory Judges will oversee specific vicinages. They will also serve as Judicial Coordinators for entities such as the Second Injury Fund and the Uninsured Employers Fund.
August 17, 2021: Proposed Rule Changes – Pension Offset; Public Employees; Accidental Disability Retirement
The Department of Labor and Workforce Development proposes amendments concerning pre-trial conferences, formal hearings, pension offset, public employees, and accidental disability retirement. Comments can be submitted until October 15, 2021.
July 29, 2021: Limited In-person Proceedings Effective August 16, 2021
Starting August 16, 2021, the N.J. Division of Workers’ Compensation cautiously resumes limited in-person proceedings, with up to 35% on-site presence. Virtual proceedings will still be predominant, including routine activities and settlement approvals, with only contested matters proceeding in person after a virtual conference.
February 4, 2021: Elimination of Accidental Disability Pensions & Medical Monitoring Settlements
With immediate effect, the N.J. Division of Workers’ Compensation is discontinuing its Accidental Disability Pensions and Medical Monitoring and Coverage Policy outlined in previous memoranda from Director and Chief Judge Peter J. Calderone. The Division discourages medical monitoring and coverage settlements as standalone workers’ compensation benefits for public employees with accidental disability pensions, and such settlements will not be approved if proposed by the parties. Judges of Compensation should handle claim petitions from petitioners with accidental disability pensions in the normal course, adhering to New Jersey’s Workers’ Compensation Statute, the N.J. Administrative Code, and relevant case law. Additionally, no claims before the N.J. Division of Workers’ Compensation will be adjourned for the N.J. Department of Pension’s final determination of a petitioner’s eligibility for an accidental disability pension.
October 21, 2020: New Administrative Supervisory Judge (Plainfield, Jersey City, and Freehold)
Effective January 1, 2021, the Hon. Maria Del Valle-Koch assumes the role of Administrative Supervisory Judge (ASJ) for the vicinages of Plainfield, Jersey City, and Freehold, succeeding the retiring Hon. Lionel Simon III.
October 21, 2020: UEF Judicial Coordinator
Starting January 1, 2021, Administrative Supervisory Judge Philip Tornetta takes on the position of Uninsured Employers Fund (UEF) Judicial Coordinator, succeeding the Hon. Lionel Simon III. Judge Tornetta will oversee all UEF judicial functions, including the supervision of UEF judges.
July 10, 2020: Workers’ Comp. Courts Closed to Public until Further Notice
In line with Governor Murphy’s Executive Orders, all N.J. Workers’ Compensation Courts remain closed to the public until further notice.
June 26, 2020: Workers’ Comp. Courts Closed to Public until July 13, 2020 (COVID-19)
This notice extends the closure of all N.J. Workers’ Compensation Courts to the public until Monday, July 13, 2020, as part of ongoing measures by the New Jersey Division of Workers’ Compensation to address the COVID-19 health crisis.
June 4, 2020: Extended Closure of Workers’ Comp. Courts due to COVID-19
The closure of all N.J. Workers’ Compensation Courts to the public and non-essential court personnel is extended until Monday, June 29, 2020. Judges of Compensation will conduct telephonic and video conferencing for various workers’ compensation matters, including trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements. In-person proceedings will be limited to emergent matters and ongoing trials and motions for medical and temporary benefits, with mandatory mask-wearing and social distancing.
May 21, 2020: Workers’ Comp. Courts Closure Extended until June 8, 2020 (COVID-19)
The closure of all N.J. Workers’ Compensation Courts to the public and non-essential court personnel is extended until Monday, June 8, 2020. Judges of Compensation will utilize telephonic and video conferencing for various matters, including trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements. In-person proceedings will be limited to emergent matters and ongoing trials and motions for medical and temporary benefits, with adherence to mask-wearing and social distancing. Court offices will remain closed for in-person submissions.
May 8, 2020: Addition of Three WC Judges & Procedures
Starting May 11, 2020, three additional workers’ compensation judges—Hon. Sarah Minor (Bridgeton Vicinage), Hon. D. Gayle Loftis (Mt. Arlington Vicinage), and Hon. Dawn Shanahan (Trenton Vicinage)—will handle various workers’ compensation matters via telephonic and video conferencing, including trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements.
May 7, 2020: Extended Closure of Workers’ Comp. Courts until May 26, 2020 (COVID-19)
In compliance with Governor Murphy’s Executive Orders aimed at curbing the virus’s spread, the closure of all N.J. workers’ compensation courts to the public and nonessential court personnel is prolonged until Tuesday, May 26, 2020.
Starting May 4, 2020, specific workers’ compensation judges will handle various matters, including trials, pre-trial conferences, motions for medical and temporary benefits, general motions, and settlements, through telephonic and potentially video conferencing in their designated vicinage.
April 22, 2020: Extended Closure due to COVID-19
Following Governor Murphy’s Executive Orders to curb the virus’s spread, all N.J. workers’ compensation courts will remain closed to the public and non-essential court personnel until May 11, 2020. Essential personnel, including Administrative Supervisory Judges and Supervising Judges, will continue handling telephonic and, if possible, video conferencing for emergent and certain non-emergent matters.
April 8, 2020: Continued Closure until April 27, 2020 (COVID-19)
In adherence to Governor Murphy’s Executive Orders 107 and 119, all N.J. workers’ compensation courts will stay closed to the public and non-essential court personnel until April 27, 2020. Essential personnel, such as Administrative Supervisory Judges and Supervising Judges, will persist in conducting telephonic and, if possible, video conferencing for emergent and specified non-emergent matters.
March 30, 2020: Limited Reopening of Workers’ Compensation Courts
While all N.J. workers’ compensation courts remain closed to the public and non-essential personnel until April 13, 2020, on April 6, 2020, Administrative and Supervising Judges deemed essential will hear as many Workers’ Compensation matters as possible through telephonic conferencing, handling emergent matters, and certain non-emergent issues, including pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit. In-person proceedings are restricted, with social distancing enforced for specific situations like emergent matters and ongoing motions and trials.
March 16, 2020: Suspension of Workers’ Compensation Court Calendars
In response to the COVID-19 pandemic, the Division of Workers’ Compensation announces a three-week suspension of all workers’ compensation court calendars, starting March 17 and continuing through April 3, 2020. Litigants, attorneys, and witnesses scheduled during this period should not attend court and await notification of a rescheduled date.
March 12, 2020: Guidance on Normal Court Operations Amidst COVID-19 Concerns
Adhering to guidance from the New Jersey Department of Health and the CDC regarding COVID-19, the Workers’ Compensation courts are presently maintaining regular operations. Although courthouses are open, preventive measures are being implemented. Individuals with COVID-19 symptoms or exposure risks, including recent travel, are advised not to come to court. Instead, they should contact the court by phone to reschedule or request accommodation, with written documentation. Requests will be handled on a case-by-case basis in line with the latest guidance from health authorities.
January 2, 2020: Appointment to the Commission on Judicial Performance
Marie Rose Bloomer resigned from the Commission on Judicial Performance of the N.J. Division of Workers’ Compensation on December 31, 2019. Effective January 1, 2020, Michelle G. Haas, Esq., from the Law Office of Hoagland, Longo, Moran, Dunst & Doukas, LLP, is appointed to serve on the Commission until Ms. Bloomer’s term expires on August 31, 2020, following N.J.A.C. 12:235-10.5.
