Workers' Compensation: NJ Workers’ Compensation and the New Virtual Reality

The COVID-19 pandemic has abruptly changed how hearings will conducted before the NJ Division of Workers Compensation [Division]. In light of State of Emergency Orders announced by NJ Gov. Pat Murphy that mandate social distancing and restricted travel, the DIvision has embarked upon limited virtual hearings.

The Division announced on April 8, 2020 in a Notice to the Bar, that:

“All Administrative Supervisory Judges and Supervising Judges shall continue to be designated by the N.J. Department of Labor and Workforce Development and the N.J. Division of Workers’ Compensation as essential personnel and shall hear as many Workers’ Compensation matters as possible in their home vicinage by telephonic conferencing, and if possible by video conferencing, including all emergent matters and the following non- emergent matters, pre-trial conferences, general motions for medical and temporary benefits, and settlements by affidavit.

“There will be no in-person Workers’ Compensation Court proceedings (except for extremely limited emergent matters and certain ongoing motions for medical and temporary benefits and trials, in which case social distancing will be enforced).

The Florida Office of Judges of Compensation Claims and Division of Administrative Hearings, has established rules to operate a model virtual system to remotely swear in witnesses. The Hon. David Langham the Deputy Chief Judge of Compensation has posted an outline of the procedure utilized in Florida that permits that system to operate efficiently and effectively.

NJ is going in the right direction to service the citizens and employers of the State of New Jersey. It needs to take the next step forward, including adopting rules, to allow full plenary hearings, including actual testimony to proceed, as we enter the new virtual reality of workers’ compensation.

Related information:

Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in Covid Crisis 05/05/2020

Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

Notice To The NJ Bar: Public Access To Court Events During Covid-19 - Directives #11-20 ("Supreme Court Guidelines On Media Access And Electronic Devices In The Courts") And #12-20 ("Principles And Protocols For Virtual Court Operations During The Covid-19 Coronavirus Pandemic") njjudiciary.com AOC 4/28/2020

Analysts Tally Workers Comp Cost of Assuming On-The_Job Exposure to COVID-19 carriermanagement.com 4/25/20

A Federal Heroes Compensation Fund 4/24/2020

Governor Murphy Signs Legislation to Expand Family Leave Protections During COVID-19 Outbreak 4/22/20

NJ Workers’ Compensation and the New Virtual Reality

NJ Law Expands Employee Benefits During the COVID Pandemic

HHS Relaxes HIPPA Rules During COVID Pandemic