Currently, one of the most contentious areas of New Jersey workers’ compensation is where a medical provider seeks reimbursement of payments in connection with claims where patients’ treat in New Jersey but otherwise has no employment connection to New Jersey. The NJ providers do this because the reimbursement rates in New Jersey tend to result in a much higher payment to the provider than what is allowable in the surrounding states, particularly New York and Pennsylvania. While those states have fee schedules for treatment, New Jersey does not, and therefore providers seek to benefit from the New Jersey law. On October 7, 2020, the Appellate Court concluded that a New Jersey medical provider cannot maintain an action under the New Jersey Workers’ Compensation Act to recover payment for their services from their patients’ employers, where the patients lived and worked outside of New Jersey, were injured outside of New Jersey and filed workers’ compensation claims in their home states. Join our panelists as they discuss how this decision affects pending medical provider claims and the best strategies for continued defense of medical provider claims in New Jersey.
· Brittany Atkinson, Partner, Chartwell Law
· Jennifer Brennan, Partner, Chartwell Law