Bill Text: NJ S2278 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns submission of testimony in workers' compensation claims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Labor Committee [S2278 Detail]
Download: New_Jersey-2024-S2278-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
SYNOPSIS
Concerns submission of testimony in workers' compensation claims.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning submission of testimony in workers' compensation claims and amending R.S.34:15-20 and R.S.34:15-22.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.34:15-20 is amended to read as follows:
34:15-20. In case of a dispute over or failure to agree upon a claim for compensation between employer and employee, or the dependents of the employee, either party may submit the claim, both as to the questions of fact, the nature and effect of the injuries, and the amount of compensation therefor according to the schedule herein provided, to the Division of Workers' Compensation, as prescribed in article 4 of this chapter ([section] R.S.34:15-49 et seq.). After a petition for compensation or dependency claims has been filed, seeking compensation by reason of accident, injury or occupational disease of any employee, and when the petitioner is represented by an attorney of the State of New Jersey, and when it shall appear that the issue or issues involve the question of jurisdiction, liability, causal relationship or dependency of the petitioner under this chapter, and the petitioner and the respondent are desirous of entering into a lump-sum settlement of the controversy, a judge of compensation may with the consent of the parties, after considering the testimony of the petitioner and other witnesses, together with any stipulation of the parties, and after such judge of compensation has determined that such settlement is fair and just under all the circumstances, enter "an order approving settlement." Such settlement, when so approved, notwithstanding any other provisions of this chapter, shall have the force and effect of a dismissal of the claim petition and shall be final and conclusive upon the employee and the employee's dependents, and shall be a complete surrender of any right to compensation or other benefits arising out of such claim under the statute. Any payments made under this section shall be recognized as payments of workers' compensation benefits for insurance rating purposes only.
The judge of compensation may permit testimony of the petitioner and other witnesses by means of video or telephonic conferencing, prior deposition testimony, or sworn affidavit of the petitioner or witness, in lieu of appearance in open court for good cause and with the consent of the parties.
(cf: P.L.1979, c.283, s.8)
2. R.S.34:15-22 is amended to read as follows:
34:15-22. No agreement between an employee and his employer or insurance carrier for compensation shall operate as a bar to the formal determination of any controversy, unless such agreement has been approved by the commissioner, the director, a deputy director or a referee designated as a "referee, formal hearings," in open court; provided, that after a petition has been filed and when the petitioner is represented by an attorney licensed in the State of New Jersey, and when it shall appear to the commissioner, the director, a deputy director or a referee designated as a "referee, formal hearings," that the only issue involved is the extent of disability, the commissioner, the director, a deputy director or a referee designated as a "referee, formal hearings," may, with the consent of the parties, after considering the sworn testimony of the petitioner and such other witnesses present, together with any stipulations of the parties, enter a determination and rule for judgment which shall include a finding of fact as to the amount of the then present disability. Such determination and rule for judgment may be reopened only in accordance with the provisions of [section] R.S.34:15-27 [of this Title]; provided, that after a petition has been filed and when the petitioner is represented by an attorney of the State of New Jersey, and where the only issue involved is agreed by the parties to be the extent of disability, the parties may enter into a settlement concerning the extent of disability and present such settlement to the commissioner, the director, a deputy director or a referee who, after considering the sworn testimony of the petitioner and such other witnesses present together with any stipulations of the parties and the consent of the petitioner, may enter an order approving settlement which shall include a finding that the terms of the settlement are fair and just and which order shall have the same effect as a determination and rule for judgment. Such determination and rule for judgment or order approving settlement may be reopened only in accordance with the provisions of [section] R.S.34:15-27 [of this Title].
The judge of compensation may permit testimony of the petitioner and other witnesses by means of video or telephonic conferencing, prior deposition testimony, or sworn affidavit of the petitioner or witness, in lieu of appearance in open court for good cause and with the consent of the parties.
(cf: P.L.1952, c.269, s.1)
3. This act shall take effect immediately
STATEMENT
This bill authorizes a judge of compensation, in the resolution of a workers' compensation claim pursuant to R.S.34:15 or R.S.34:15-22, to permit the submission of testimony of the petitioner and other witnesses by means of video or telephonic conferencing, prior deposition testimony, or sworn affidavit of the petitioner or witness, in lieu of appearance in open court for good cause and with the consent of the parties.
