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Chapter: 15 - Employees' right to recover for negligent injury; willful negligence as defense; jury question

34:15-1: Employees' right to recover for negligent injury; willful negligence as defense; jury question

34:15-2: Defenses abolished

34:15-3: Contract not to bar liability

34:15-4: Death of employee

34:15-5: Burden of proof

34:15-6: Liens for legal services

34:15-7: Compensation by agreement; defenses; burden of proof

34:15-7.1: Horseplay or skylarking on part of fellow employees

34:15-7.2: Claim based on cardiovascular or cerebral vascular causes; preponderance of credible evidence of proof of cause by work effort

34:15-7.3: Worker's compensation for injury, death occurring while responding to law enforcement, public safety, medical emergency

34:15-8: Election surrender of other remedies

34:15-9: Presumption as to acceptance of elective compensation provisions

34:15-10: Employment of minors

34:15-11: Termination of contract

34:15-12: Schedule of payments

34:15-12.1: Employees receiving subsistence payments from Veterans Administration; special benefits

34:15-12.2: Fund from which special benefit payable

34:15-12.3: Amount of special benefit

34:15-12.4: Application for special benefits; payment

34:15-12.5: Retroactive effect

34:15-12.6: Period for making application

34:15-12.7: Damage to prosthetic devices, hearing aids, artificial members; dental appliances or eyeglasses; liability

34:15-13: Death benefits, burial expenses; computation and distribution.

34:15-14: Waiting period.

34:15-15: Medical and hospital service.

34:15-15.1: Reimbursement of insurance company or others paying medical, surgical or hospital expenses

34:15-15.2: Hospital service; care required; expenses

34:15-15.3: Motion by worker for emergent medical treatment.

34:15-15.4: Designation of contact person by carrier, self-insured employer.

34:15-16: Compensation to run consecutively; payment for compensation, medical treatment, etc., after termination of liability

34:15-17: Notification of employer

34:15-18: Service of notice; form; sufficiency

34:15-19: Examination of employee as to physical condition; X-rays

34:15-20: Dispute; submission to division; order approving settlement

34:15-21: Payments in case of death; to whom made; bond

34:15-22: Dispute; procedure; agreement no bar to determination on merits

34:15-23: Refusal of medical and surgical treatment by employee

34:15-24: Payment of whole award in trust

34:15-25: Commutation of award

34:15-26: Counsel fees

34:15-27: Modification of agreement; review of award, determination, rule for judgment or order approving settlement

34:15-28: Interest on payments withheld.

34:15-28.1: Delay or refusal in payment of temporary disability compensation; penalty

34:15-28.2: Powers of judges of compensation.

34:15-28.3: Fines, penalties, assessments, costs not included in expense base of insurer.

34:15-28.4: Rules, regulations.

34:15-29: Compensation preferential lien; claim not assignable; set offs

34:15-30: Occupational disease; compensation for death or injury; exception

34:15-31: "Compensable occupational disease" defined

34:15-32: Occupational disease; determining disability and amount of compensation

34:15-33.2: Effective date

34:15-33.3: Application to uninsured employer's fund for certain claims for exposure to asbestos.

34:15-34: Time for claiming compensation for occupational disease

34:15-35: Provisions applicable to occupational diseases; claim for accident excluded

34:15-35.10: Occupational hearing loss

34:15-35.11: Definitions

34:15-35.12: Degree of hearing loss; determination of degree

34:15-35.13: Liability for hearing loss; previous hearing loss; audiometric testing

34:15-35.14: Administration of testing; fraud

34:15-35.15: Frequencies; evaluation of hearing loss

34:15-35.16: Hearing tests; instruments; test conditions

34:15-35.17: Audiometric technician to perform hearing test; audiologic evaluation

34:15-35.18: Compensation amount

34:15-35.19: Filing claims; time limitations

34:15-35.20: Time for filing claims; date of disability

34:15-35.21: Award; use of hearing aids

34:15-35.22: Failure to use protective devices, compensation for hearing loss

34:15-36: Definitions.

34:15-37: Wages; computation

34:15-37.1: Payment of full compensation to certain injured officers.

34:15-37.2: Payment of full compensation to certain injured parole officers.

34:15-37.3: Certain injured officers to receive full compensation.

34:15-37.4: Certain injured civilian employees to receive full compensation.

34:15-37.5: Certain injured probation officers to receive full compensation.

34:15-37.6: "Serious bodily injury" defined.

34:15-38: Method of calculating compensation for temporary disability

34:15-39: Agreements and releases invalid

34:15-39.1: Unlawful discharge of, or discrimination against, employee claiming compensation benefits; penalty

34:15-39.2: Additional penalty; summary recovery

34:15-39.3: Liability of employer for penalty

34:15-40: Liability of third party.

34:15-41: Claims barred after two years

34:15-41.1: Claimant in country at war with United States or with which postal communications are suspended; limitations

34:15-42: Constitutionality and construction

34:15-43: Compensation for injury in line of duty.

34:15-43.2: Volunteer fire department members; respiratory diseases; presumption of occupational disease

34:15-43.3: Time of development or first manifestation of respiratory disease

34:15-43.4: Maximum benefits for volunteers

34:15-44: Names of public employees carried on pay roll

34:15-45: Guardian's powers

34:15-46: Parent to act as guardian

34:15-48: Representative appointed for compensation beneficiary

34:15-49: Jurisdiction of division; salaries, qualifications, tenure of judges, etc.

34:15-49.1: Referees designated judges of compensation

34:15-49.2: Inapplicability of mandatory retirement for worker's compensation judges, certain.

34:15-49.3: Certain worker's compensation judges permitted to work beyond age 70.

34:15-50: Approval and filing of agreement

34:15-51: Filing of petition; two year limit

34:15-52: Copy of petition forwarded to employer

34:15-53: Time, place and notice of hearing; adjournment

34:15-54: Dismissal of petition; notice; reinstatement

34:15-54.1: Referee's powers as to dismissal of petitions for want of prosecution and reinstatement; discontinuances

34:15-55: Service of papers

34:15-55.1: Secretary of workmen's compensation bureau as agent for service of process on nonresidents; method and effect of service; continuances

34:15-56: Rules of evidence

34:15-57: Summary hearing; power to modify and commute award, determination and rule for judgment or order approving settlement

34:15-57a: Notice of unemployment compensation, conditions

34:15-57.1: Reimbursement of benefits paid under Temporary Disability Benefits Law

34:15-57.2: Inquiry as to other payments received before paying compensation; proof of amounts paid

34:15-57.3: Effective date

34:15-57.4: Workers' compensation fraud, crime of fourth degree; civil liability.

34:15-58: Judgment and settlement filed, receipts, bar of judgment

34:15-59: Docket; records

34:15-60: Subpoenas, fees, contempt

34:15-61: Administering oaths; perjury

34:15-62: Public hearings

34:15-63: No filing fees

34:15-64: Rules, regulations; fees for witnesses, attorneys.

34:15-65: Deposition of absent witness

34:15-66: Appeal; costs

34:15-66.1: Judgment docketed; execution; supplementary proceedings

34:15-68: Physical examination of employee

34:15-69: Copy of judgment to be filed with director

34:15-69.1: Discontinuance or sale of business; discharge of employer from further liability; assumption of obligations by third party

34:15-69.2: Order; filing; effect

34:15-69.3: Applicability of provisions of Title to third party assuming obligations

34:15-70: Short title

34:15-71: Employer's obligation to injured employee

34:15-72: Employers not electing benefits of compensation law required to insure

34:15-73: Proof of compliance

34:15-74: Compensation insurance provided for certain volunteers by municipality or county

34:15-74.1: Compensation insurance by volunteer fire company for volunteer firemen and volunteer first aid or rescue squad workers

34:15-74.2: Compensation insurance by board of education for members of board

34:15-75: Compensation for injury, death for certain volunteers.

34:15-76: Payments to certain volunteers

34:15-77: Employer carrying own insurance

34:15-77.1: Hospitals; group self-insurance; conditions

34:15-77.2: Liability for compensation prescribed by Title 34; bankruptcy of participating employer

34:15-77.3: Addition or termination of participating employers; notice

34:15-77.4: Termination of plan; surety bond; insurance policy

34:15-77.5: Financial statement; description of service organizations

34:15-77.6: Annual examination

34:15-77.7: Denial of application or revocation of consent

34:15-77.8: Rules and regulations

34:15-78: Insurance in stock or mutual company; notice filed by company; domestic help excepted

34:15-79: Penalties for failure to carry insurance.

34:15-79.1: Proof of workers' compensation coverage required with certain annual reports of employers.

34:15-80: Notices of insurance posted

34:15-81: Cancellation of contract; notice

34:15-82: Liability for injuries or death

34:15-83: Insurance contract for benefit of employees and dependents

34:15-84: Enforcement of provisions

34:15-85: Knowledge of injury; jurisdiction

34:15-86: Insurance carrier directly liable

34:15-87: Limitations and restrictions on liability

34:15-88: Classification of risks, rates, schedules and rules; approval by insurance commissioner

34:15-89.1: Notification to mutual associations, stock companies of requirements of employer ID numbers.

34:15-90.1: Compensation Rating and Inspection Bureau continued; directors, appointment, terms.

34:15-90.2: Authority of Compensation Rating and Inspection Bureau.

34:15-90.3: Effective date.

34:15-91: Actuary and additional assistants in insurance department

34:15-92: Domestic help excepted

34:15-92.1: Other exceptions

34:15-93: Expense of enforcement; payments by insurers

34:15-94: Annual surcharge for Second Injury Fund.

34:15-95: Second Injury Fund

34:15-95.1: Application for benefits; decision; review; Commissioner of Labor as party

34:15-95.2: Vested rights

34:15-95.3: Application of chapter; exemption of mutual agricultural insurance companies

34:15-95.4: Special adjustment benefit payment

34:15-95.5: Reduction of disability benefits for persons under age sixty-two; exception

34:15-96: First report of accident.

34:15-98: Final report of accident.

34:15-99: Report not public.

34:15-100: Medical reports

34:15-101: Penalty for noncompliance

34:15-102: Rules and regulations; agreements filed

34:15-103: Short title

34:15-104: Definitions.

34:15-105: Workers' compensation security fund.

34:15-105.1: Workers' compensation security fund transferred.

34:15-106: Annual returns by carriers; "net written premiums" defined.

34:15-107: Contributions to the fund.

34:15-108: Contributions, when ceased; resumption of contributions.

34:15-111: Payment of claims; application; recovery.

34:15-117: Insolvency of carrier; notice to Division of Workers' Compensation; report of conditions.

34:15-120.1: Uninsured employer's fund

34:15-120.10: Administrative expenses; $10,000 limit

34:15-120.11: Duties of Division of Workers' Compensation

34:15-120.12: Notification of change in income

34:15-120.13: Exhaustion of remedies

34:15-120.14: Other obligations unaffected

34:15-120.15: Definitions

34:15-120.16: "New Jersey Self-Insurers Guaranty Association"

34:15-120.17: Board of directors

34:15-120.18: Association obligated for payment of compensation; powers; assessments

34:15-120.19: Insolvency Fund

34:15-120.2: Benefit payments

34:15-120.20: Plan of operation

34:15-120.21: Written notice of bankruptcy proceedings, determination of insolvency

34:15-120.22: Powers of department

34:15-120.23: Assignment of rights to association

34:15-120.24: Detection, prevention of employer insolvencies

34:15-120.25: Examination, regulation of association

34:15-120.26: Immunity from liability

34:15-120.27: Stay of proceedings

34:15-120.28: Deadline for filing claims

34:15-120.29: Additional obligations of association

34:15-120.3: Default by uninsured employer; judgment.

34:15-120.30: Construction of act

34:15-120.4: Application for compensation

34:15-120.5: Subrogation; right of fund against employer

34:15-120.6: Annual accounting

34:15-120.7: Rules, regulations

34:15-120.8: Limitation on liability

34:15-120.9: Action against employer

34:15-121: Workers' compensation formal cases; records, destruction

34:15-122: Records of workmen's compensation of kind specified in article six

34:15-123: Agreements for payment of workmen's compensation

34:15-124: Records and papers not part of record of workmen's compensation formal cases

34:15-125: Records on microfilm or other media, destruction

34:15-126: Force, effect of microfilm or other media

34:15-127: Liability for destruction of records

34:15-128: Limited right to inspect, copy records.

34:15-128.1: Short title.

34:15-128.2: Definitions relative to "Workers' Compensation Medical Information Confidentiality Act."

34:15-128.3: Disclosure of medical information.

34:15-128.4: Withholding information unlawful; certain circumstances.

34:15-128.5: Violations, fine, penalty.

34:15-129: Short title

34:15-130: Findings, declarations.

34:15-131: Definitions relative to the New Jersey Horse Racing Injury Compensation Board.

34:15-132: "New Jersey Horse Racing Injury Compensation Board" established

34:15-133: Powers of board

34:15-134: Insurance coverage; assessments.

34:15-134.1: Trainer to carry compensation insurance for employees, eligibility for coverage.

34:15-135: Employee, employer relationship under the act.

34:15-136: Computing wages

34:15-136.1: Documentation, maintenance of complete and accurate records of wages paid.

34:15-137: Act as supplemental to other arrangements

34:15-138: Plan of operation

34:15-139: Commission examination, financial report

34:15-140: Tax exemption

34:15-141: Liability limited

34:15-142: Applicability of R.S.34:15-1 et seq.

34:15-143: Definitions relative to electronic medical bills for workers' compensation claims.

34:15-144: Rules, regulations.

34:15-145: Jurisdiction vested in division.

34:15-146: Inapplicability of act.