Using the Notice of Motion: Driving Action in NJ Workers' Comp
In the complex machinery of New Jersey’s workers’ compensation system, the Notice of Motion serves as a formal request, signaling the court’s intervention to address a specific issue.
The Catalyst for Action
Definition: A Notice of Motion is a written request submitted by a party (usually the injured worker or their attorney) in a workers’ compensation case seeking a court order for a specific action or decision. It’s an official way to ask the court to make a ruling or take a specific action in a pending case.
Purpose: Typically, this motion is used when there’s a dispute or delay in benefits. It can address matters like unpaid medical bills, delayed temporary disability benefits, or requests for medical treatment authorization. A common Notice of Motion for Temporary and/or Medical Benefits is authorized under N.J.A.C. 12:235-3.2.
Contents: The Notice of Motion generally includes:
- The specific relief or action being requested.
- Factual reasons supporting the request.
- Relevant documentation or evidence.
- The date when the motion will be heard.
Response: Upon receiving the Notice of Motion, the opposing party (often the employer or their insurance carrier) has an opportunity to respond, either agreeing to the requested action or providing reasons for opposition.
Hearing: If the issue isn’t resolved between the parties, a hearing is scheduled where both sides present their case, and a judge makes a ruling.
After a construction accident, Jerome was awaiting authorization for a crucial surgery. Weeks went by with no approval. His attorney filed a Notice of Motion to expedite the process. Following the motion, the court ordered the insurance carrier to authorize the surgery promptly.
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