Alternatively, N.J.S.A. 34:15-51 sets forth the statutory requirements for filing a petition in Workers’ Compensation Court, which is as follows:
“Every claimant for compensation under Article 2 of this chapter ( R.S. 34:15-7 et seq.) shall, unless a settlement is effected or a petition filed under the provisions of R.S. 34:15-50 , submit to the Division of Workers' Compensation a petition filed and verified in a manner prescribed by regulation, within two years after the date on which the accident occurred, or in case an agreement for compensation has been made between the employer and the claimant, then within two years after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by the employer, then within two years after the last payment of compensation except that repair or replacement of prosthetic devices shall not be construed to extend the time for filing of a claim petition. A payment, or agreement to pay by the insurance carrier, shall for the purpose of this section be deemed payment or agreement by the employer. The petition shall state the respective addresses of the …show more content…
Rodriquez received medically necessary services from the Applicant, Mehling Orthopedics, and compensation in the form of temporary and permanent disability benefits. These payments were made by Respondent less than two years prior to the date the instant application was filed. As such, Mehling Orthopedics’ application for medical reimbursement was filed in a timely manner pursuant to N.J.S.A. 34:15-51.
Moreover, the underlying claim petition was settled on April 8, 2014 under an Order Approving Settlement. Even if no further medical treatment, temporary or permeant compensation payments were made after that date, the medical claim petition in question would be timely since it was filed on April, 2, 2015, which is within two (2) years of last payment of
“Every claimant for compensation under Article 2 of this chapter ( R.S. 34:15-7 et seq.) shall, unless a settlement is effected or a petition filed under the provisions of R.S. 34:15-50 , submit to the Division of Workers' Compensation a petition filed and verified in a manner prescribed by regulation, within two years after the date on which the accident occurred, or in case an agreement for compensation has been made between the employer and the claimant, then within two years after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by the employer, then within two years after the last payment of compensation except that repair or replacement of prosthetic devices shall not be construed to extend the time for filing of a claim petition. A payment, or agreement to pay by the insurance carrier, shall for the purpose of this section be deemed payment or agreement by the employer. The petition shall state the respective addresses of the …show more content…
Rodriquez received medically necessary services from the Applicant, Mehling Orthopedics, and compensation in the form of temporary and permanent disability benefits. These payments were made by Respondent less than two years prior to the date the instant application was filed. As such, Mehling Orthopedics’ application for medical reimbursement was filed in a timely manner pursuant to N.J.S.A. 34:15-51.
Moreover, the underlying claim petition was settled on April 8, 2014 under an Order Approving Settlement. Even if no further medical treatment, temporary or permeant compensation payments were made after that date, the medical claim petition in question would be timely since it was filed on April, 2, 2015, which is within two (2) years of last payment of