Appellate Division addresses requirements for motions for temporary disability and/or medical benefits filed with Division of Workers’ Compensation.

In 2009 the petitioner sustained a work-related injury and received an award for his injuries. He reopened his claim in 2012, requesting additional medical treatment. Based on its medical expert’s opinion, who found the petitioner no longer in need of medical care, the respondent denied the petitioner’s request. The petitioner filed a motion for medical and temporary disability benefits based on the opinion of his own medical expert.

The Judge of Compensation found that the petitioner’s expert’s report failed to state the specific type of treatment being sought, as required by N.J.A.C. 12:235-3.2 et seq. The petitioner appealed. In affirming the Judge’s dismissal, the Appellate Division relied on its review of N.J.A.C. 12:235-3.2(a), which sets forth the requirements for motions for temporary disability and/or medical benefits filed with the Division of Workers Compensation. The Appellate Division concluded that the petitioner failed to provide evidence adequate to present a prima facie case in support of his motion.

_{Case Law Alerts, 4^th Quarter, October 2015}

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