If an employer refuses to provide medical treatment or pay for time out of work the injured worker may file a Motion with the Court seeking an Order compelling the employer to provide these benefits.  This is called a Motion for Temporary Disability and Medical Benefits.  The Motion papers must include a certification from the injured worker stating his complaints and indicating that he would accept treatment if offered.  They must also include a medical opinion from a qualified doctor confirming the need for treatment and causally relating that treatment to the work accident or exposure.  If the Motion papers alone are not successful in obtaining an Order for benefits, the matter may proceed to testimony.  This type of litigated Motion is handled the same as a Workers Compensation trial.  The injured worker has the opportunity to testify; call his own lay and expert witnesses to testify; and cross-examine witnesses called by the employer.  Once this is done the Judge of Workers Compensation will render a decision determining whether the worker is entitled to benefits.

 

Manfred Ricciardelli
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Morristown Workers' Compensation Lawyer