2019 Analysis of Workers' Compensation Laws - 102

Chart XI-Administration: Notice to Employer and Claims, cont.

102 | 2019 Analysis of Workers' Compensation Laws

Jurisdiction

Administration

New Jersey

Division of
Workers'
Compensation

New
Mexico

New York

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

Within 14 days'
excusable up to
90 days; separate
provision for
occupational
disease

Within two
years after
accident, death,
last payment, or
default. Separate
provisions for
occupational
diseases.

By agreement, subject to approval
of Judge of Compensation.
Disputed cases litigated before
compensation judge.

Final unless appealed
to Superior Court

Appeals are to the Appellate
Division of the Superior Court

Application to review or
modify prior award to
judge of compensation
within two years
of last payment of
compensation

Not more than 20%
before division. Court
may fix reasonable fee on
appeal.

Workers'
Compensation
Administration

In writing
within 15 days;
excusable up to
60 days27

Within one year
after notice,
death, or failure
to pay.28 Time
tolled up to an
additional year
if still in same
employment.

By agreement through mandatory
mediation conducted by agency
staff attorneys. Disputed cases
resolved through hearings presided
over by agency judge. Restricted
lump-sum settlements must be
approved by judge.29

Award is judgment

Reviewed by Court of
Appeals

By workers'
compensation
judge, hearing for
modifications may be
held at not less than
six-month intervals

Determined by workers'
compensation judge;
up to $22,500 for both
parties' attorneys,
including all levels of
appeal. Cost of attorney
is split 50/50 by employer
and employee.

Workers'
Compensation
Board

In writing
within 30 days;
excusable

Within two years
after date of
accident or death
or disability from
occupational
disease, and
after the
claimant knew
or should have
known that
disease is or was
due to nature
of employment.
For participants
in World Trade
Center rescue,
recovery,
or cleanup
operations per
WCL §161 (1), if
registered on or
before 9/13/10.

Compensation without award
within 18 days after disability or
within 10 days after employer had
knowledge, except in contested
claims. Disputed claims settled
by referee or board. Referral to
administrative determination
process and conciliation mandatory
if claim within parameters set by
law. If issue not settled, referred
to hearing calendar. Employer
may make temporary payments
of compensation and prescription
medicine up to one year without
prejudice or admitting liability if
unsure of the extent of liability
for claim. Written stipulated
settlements upon approval by
board.

Payment within 10
days after decision
except when review
application has been
filed by carrier or selfinsured employer

Review of Workers'
Compensation Law Judge
decision is by three-member
panel of the board. A split
decision is reviewable by
full board; review of other
decisions is discretionary.

By board upon
application by party
or own motion unless
claim settled pursuant
to WCL §32 or
prohibited by WCL §123

All attorney fees must be
approved by the board.
Fee award amounts
set by referee or board
member.
2019 Analysis of Workers' Compensation Laws

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