Multiple Medical Reimbursement Cases Dismissed for Lack of Jurisdiction

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A number of medical providers for New York workers’ compensation claimants had filed medical reimbursement applications in the Division of Workers’ Compensation in New Jersey seeking the higher New Jersey rates.  We filed motions to dismiss for lack of jurisdiction with briefs arguing that there is no New Jersey jurisdiction if the injured worker himself would not have the right to file a New Jersey claim because of lack of employment/ injury connection to New Jersey.

Judge Ferriero in Hackensack agreed with our arguments and has dismissed for lack of jurisdiction , with prejudice a total of 20 claims over the past several months for a number of our clients – Amtrust, Glacier Bay, York Claims Services, First MCO, PMA and Chesterfield. The applicant’s attorney has not elected to appeal these dismissals.  Claire Ringel, Esq. and Caroline Yount, Esq. on the motions and briefs.

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