2009 New Jersey Code
34:15-15 - Medical and hospital service

34:15-15.  Medical and hospital service
    The employer shall furnish to the injured worker such medical, surgical and  other treatment, and hospital service as shall be necessary to cure and relieve  the worker of the effects of the injury and to restore the functions of the  injured member or organ where such restoration is possible;  provided, however,  that the employer shall not be liable to furnish or pay for physicians' or  surgeons' services in excess of $50.00 and in addition to furnish hospital  service in excess of $50.00, unless the injured worker or the worker's  physician who provides treatment, or any other person on the worker's behalf,  shall file a petition with the Division of Workers' Compensation stating the  need for physicians' or surgeons' services in excess of $50.00, as aforesaid,  and such hospital service or appliances in excess of $50.00, as aforesaid, and  the Division of Workers' Compensation after investigating the need of the same  and giving the employer an opportunity to be heard, shall determine that such physicians' and surgeons' treatment and hospital services are or were necessary, and that the fees for the same are reasonable and shall make an order requiring the employer to pay for or furnish the same.  The mere furnishing of medical treatment or the payment thereof by the employer shall not be construed to be an admission of liability.

    If the employer shall refuse or neglect to comply with the foregoing provisions of this section, the employee may secure such treatment and services  as may be necessary and as may come within the terms of this section, and the  employer shall be liable to pay therefor;  provided, however, that the employer  shall not be liable for any amount expended by the employee or by any third  person on the employee's behalf for any such physicians' treatment and hospital  services, unless such employee or any person on the employee's behalf shall  have requested the employer to furnish the same and the employer shall have  refused or neglected so to do, or unless the nature of the injury required such  services, and the employer or the superintendent or foreman of the employer,  having knowledge of such injury shall have neglected to provide the same, or  unless the injury occurred under such conditions as make impossible the  notification of the employer, or unless the circumstances are so peculiar as  shall justify, in the opinion of the Division of Workers' Compensation, the  expenditures assumed by the employee for such physicians' treatment and  hospital services, apparatus and appliances.

    All fees and other charges for such physicians' and surgeons' treatment and  hospital treatment shall be reasonable and based upon the usual fees and charges which prevail in the same community for similar physicians', surgeons' and hospital services.

    When an injured employee may be partially or wholly relieved of the effects  of a permanent injury, by use of an artificial limb or other appliance, which  phrase shall also include artificial teeth or glass eye, the Division of  Workers' Compensation, acting under competent medical advice, is empowered to  determine the character and nature of such limb or appliance, and to require  the employer or the employer's insurance carrier to furnish the same.

     Amended by L.1979, c. 283, s. 7, eff. Jan. 10, 1980.

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