Lexis Nexis LexisNexis Practice Guide: New Jersey Workers' Compensation
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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
Richard B. Rubenstein
Richard B. Rubenstein is an attorney concentrating in the area of workers' compensation and negligence law, admitted to the Bar in New York and New Jersey. He has practiced in Essex County, New Jersey for more than 31 years. He is a partner in the firm of Rothenberg, Rubenstein, Berliner & Shinrod, LLC, in Livingston, Newark, and Clinton, New Jersey. A graduate of Drew University and Albany Law School, he is a Trial Attorney certified by the Supreme Court of New Jersey in Workers Compensation, and a Fellow of the College of Workers Compensation Lawyers. He is an Executive Committee Member of the Council on Occupational Safety and Health, and a frequent lecturer at New Jersey Bar Association and New Jersey Association for Justice Seminars, as well as for the Institute for Continuing Legal Education.
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
Chapter 12 SPECIAL PROBLEMS IN COMPENSATION
Chapter 13 MEDICAL PROVIDER CLAIMS
Chapter 14 INSURANCE COVERAGE
Chapter 15 PERMANENT TOTAL DISABILITY
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