Proposed Rules Increase Responsibly of Petitioners

On December 1, 2003, Peter J. Calderone, Director and Chief Judge circuited Pre-Proposal drafts of new Rules that would increase the burdens petitioners have to prosecute their claims. 

The Rules cover such topics as:
-Assign priorities for the venue of claim petitions
-Require personal service for default motions
-Permits pre-trial memorandum to be amended to include video surveillance
-Permits respondents to withhold exchange of surveillance evidence under after the party has already testified under oath
-Requires petitioner an opportunity to be heard on a Motion to be Relieved of Counsel.
-Requires Subpoenas to contain a return date of a proceeding not a deposition.
-Increases filing and notification for claims against the UEF (Uninsured Employers Fund)
-Still and television camera & auto proceeding
-Allow for payment with reservation of reimbursement in multiple coverage issues
-Require carries to establish a medical contact agent in order to facilitate communication pre-litigation

The Division seeks comments prior to December 15, 2003. They may be sent by mail or fax to Thomas W. Daly, Esq., Fax: 609-684-2515 or by mail to NJ Division of Workers’ Compensation, PO Box 382, Trenton, NJ 08625-0381.