TT&H Attorneys Caroline Gentilcore and John Morgan Win  Dismissal of Medical Claim Petitions in New Jersey

TT&H Attorney Caroline Gentilcore recently succeeded in obtaining a dismissal of two Medical Claim Petitions from a New Jersey Workers’ Compensation Judge for lack of subject matter jurisdiction. The claimant/petitioner was a Pennsylvania resident who was injured in Pennsylvania while working for a Pennsylvania-based employer. His entire scope of employment was based in Pennsylvania. He obtained treatment on two dates of service from a New Jersey-based provider, and the treatment was paid for under Pennsylvania Law. The provider filed Medical Claim Petitions in New Jersey, alleging that it was only reimbursed for a fraction of the roughly $40,000.00 it billed for the two dates of service.

Caroline filed a Motion to Dismiss, arguing that there were no relevant connections to New Jersey that would give the Division of Workers’ Compensation authority to decide the dispute. The Judge agreed, specifically noting that she found the respondent’s brief (written by John Morgan) to be particularly persuasive, and reading significant portions of John’s legal analysis into the record when granting the dismissal.

For questions about this matter, please contact Caroline Gentilcore at 267-861-7596 or cgentilcore@tthlaw.com, or John Morgan at 267-861-7580 or jmorgan@tthlaw.com.