The NJ Division of Workers' Compensation has clearly mandated that claimants have the burden of proving insurance coverage. In a memorandum letter issued by the Director/Chief Judge, injured workers and their representatives were advised that failure to have evidence of proof of coverage will result in a dismissal of the insurance carrier as a party to the claim petition. Dismissal will be effectuated administratively, without the need of the filing of a formal notice motion by the improperly named party.
"A earner is not required to prove the negative that the carrier did not cover a respondent. It is helpful if the carrier can provide information from CRIB or other sources as to the correct carrier if the respondent is insured. However, the petitioner must provide some sufficient basis for listing a carrier and keeping the carrier in the case if the petitioner objects to the dismissal as to carrier."
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