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LexisNexis Practice Guide: New Jersey Workers' Compensation

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ISBN: 9781522138501
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2017 Edition
ISBN: 9781522138518
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2017 Edition
ISBN: 9781522138518
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“This book is an essential resource for all workers' compensation practitioners The authors provide clear guidance and invaluable advice for practitioners on a wide range of legal issues that today's compensation practitioner must master.”
John H. Geaney, Esq., Capehart Scatchard, Mount Laurel, NJ

LexisNexis Practice Guide New Jersey Workers' Compensation is designed to assist practitioners , judges and others in the nuts-and-bolts of every day practice within the New Jersey Division of Workers' Compensation. The Practice Guide assists practitioners in taking a case from beginning to end, spotting the issues, and finding solutions for litigants. It offers practitioners a coherent structure for opening a claim, responding to a claim, conducting discovery, and preparing for settlement, trial, and appeal.

New Jersey workers' compensation practice carries with it a rich oral tradition passed down from generation to generation of judges and attorneys, from the black pens practitioners use to fill in forms, to the words they utter when placing a settlement on the record. Many of these conventions of behavior arise not from statute or regulation, but from experience. This Practice Guide contains the collective experience and acumen of our expert authors, Richard B. Rubenstein and Gregory Lois, and contributors.

The Practice Guide contains:

•  How to open a file on behalf of a Petitioner, including ethical duties, communication strategies, and social media tactics
•  How to open a file on behalf of a Respondent, and how to counsel your client to best defend the case
•  How to plead a case and secure meaningful discovery to prepare for Trial
•  How to file Motions that will protect your clients' rights before the Judge of Workers' Compensation
•  How to secure essential medical records and evaluations to best prepare your case for Trial
•  How to prepare for pretrial conference and plenary Trial
•  How to handle liens, credits, and special Fund applications
•  How to Appeal a decision

The Practice Guide is intended to grow and change as the practice before the New Jersey Division of Workers' Compensation has grown and changed, with future editions incorporating a greater variety of issues which confront the practitioner. Our expert authors, Richard B. Rubenstein and Gregory Lois, and contributors have addressed contentious issues in an even-handed manner, skewed neither toward the Petitioner nor the Respondent.

Authors / Contributors

Table of Contents

Chapter 1 CLIENT INTAKE: PETITIONERS

Chapter 2 CLIENT INTAKE: DEFENSE

Chapter 3 PLEADINGS AND INITIAL DISCOVERY: PETITIONERS

Chapter 4 PLEADINGS AND INITIAL DISCOVERY: RESPONDENTS

Chapter 5 MOTION PRACTICE

Chapter 6 LIENS, CREDITS, PENSIONS, MEDICARE, MEDICAID AND ERISA

Chapter 7 SECURING AND DECIPHERING RECORDS FROM TREATING AND EVALUATING PHYSICIANS

Chapter 8 SECOND INJURY FUND AND UNINSURED EMPLOYERS FUND

Chapter 9 PRETRIAL AND TRIAL

Chapter 10 ORDERS APPROVING SETTLEMENT, JUDGMENTS, SECTION 20 RESOLUTION, AND PRESENTATION IN COURT

Chapter 11 APPELLATE PRACTICE