A Capehart Scatchard Blog

Tag: Medical Providers

Medical Provider Cannot Sue Workers’ Comp Carrier for Breach of Contract to Get Around New Jersey’s Exclusive Remedy for Medical Disputes

By on November 20, 2023 in Claims, NJ Workers' Comp with 0 Comments

Medical claim petitions comprise an increasingly large percentage of New Jersey workers’ compensation claims with over 5,000 being filed in 2023 alone.  One of the problem areas remains jurisdictional issues when a New York or Pennsylvania workers’ compensation case is referred to New Jersey just for a one-time medical procedure. The recent case of Hudson […]

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Governor Signs Bill Raising Fees of Evaluating Physicians for Claimants

By on August 2, 2023 in Legislation, NJ Workers' Comp with 0 Comments

On July 20, 2023 Governor Murphy approved an amendment to N.J.S.A. 34:15-64 raising the maximum amount that physicians may be paid for opinions regarding need for treatment or estimates of permanent disability.  The maximum fee had been previously set at $600.  Under the new amendment, the maximum fee is now $1,000.  The goal of the […]

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Appellate Division Rules Against Medical Providers In Jurisdictional Dispute Where Almost All Contacts Were In Pennsylvania And New York

By on October 7, 2020 in Court Rulings, NJ Workers' Comp with 1 Comment

An important decision came down today on an issue that concerns practitioners, employers, carriers and third party administrators.  The decision is the first appellate level opinion on a long-running dispute over jurisdiction in certain MCP cases filed by medical providers in New Jersey. The decision is likely to affect hundreds of pending cases with similar […]

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Medical Providers Win in Supreme Court on Statute of Limitations Issue

By on February 5, 2020 in Court Rulings, NJ Workers' Comp with 0 Comments

In New Jersey a medical provider dispute arising from a work injury can only be filed in the Division of Workers’ Compensation ever since the 2012 Amendments.  But the 2012 Amendments to the New Jersey Workers’ Compensation Act failed to answer one fundamental question:  how long does the provider have to bring a claim in […]

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Medical Providers Have Six Years To File Claims in Division of Workers’ Compensation

By on January 24, 2019 in Claims, NJ Workers' Comp with 0 Comments

The New Jersey Appellate Division decided an important case on January 17, 2019 entitled The Plastic Surgery Center, PA. v. Malouf Chevrolet-Cadillac, Inc,.  The case centered on how long a medical provider has to file a claim petition in the Division, namely whether providers have two years, like claimants, or six years.  The case has […]

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