Effective Monday, August 16, 2021, the N.J. Division of Workers’ Compensation shall implement a cautious return to normal operations with the resumption of limited in-person proceedings and an increase of on-site presence of workers’ compensation judges and court staff as set forth below.
On Monday, August 16, 2021, all fifteen N.J. workers’ compensation court facilities shall be open to attorneys, litigants, court reporters, interpreters, and witnesses with specifically scheduled events or appointments.
Up to 35% of judges and court staff may be present on-site in state workers’ compensation court locations in accord with the N.J. Department of Labor and Workforce Development’s overall reopening plan.
Consistent with public health guidance, the N.J. Division of Workers’ Compensation will increase on-site presence gradually with the understanding that we may change direction if COVID-19 trends worsen in the future.
In accordance with N.J.A.C §12:235-1.2, workers’ compensation court rules shall continue to be relaxed, and the vast majority of workers’ compensation court proceedings shall be provided virtually, either telephonically or via Microsoft TEAMs. This shall include routine list markings, pre-trial conferences, dismissals for lack of prosecution, and, if the parties consent, approval of settlements, including Section 20 settlements and Section 22 settlements (Orders Approving Settlement).
Only after a virtual conference with the presiding workers’ compensation judge, in accordance with N.J.A.C. §12:235-3.11, or N.J.A.C. §§12:235-3.2 and 3.3 for Emergent and Regular Motions for Medical and Temporary Disability Benefits, will contested matters be scheduled for an in-person Trial or Motion Hearing.
Click here to read the Notice to the Bar.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Blog: Workers ' Compensation
Twitter: jongelman
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" Thomson-Reuters
