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Wednesday, August 10, 2011

Medical Providers Barred From Lawsuits Against Employers for Benefits

A NJ Appellate Court, in an unreported decision, ruled that medical providers are barred from filing a civil action against an employer for medical services provided to an injured worker. The medical provider must bring the claim before the Division of Workers' Compensation which has exclusive jurisdiction over benefits.

This decision, while permitting contractual issues to be decided in a civil action, is consistent with a prior NJ Supreme Court ruling barring a collection action outside of workers' compensation directly against an injured worker for medical treatment.

The Valley Hospital v L.Q. Management, 2011 WL 3425591 (N.J.Super.A.D.) Decided August 8, 2011. (Not Approved for Publication)

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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