2009 New Jersey Code
34:15-55.1 - Secretary of workmen's compensation bureau as agent for service  of process on nonresidents;  method and effect of service; continuances

34:15-55.1.  Secretary of workmen's compensation bureau as agent for service  of process on nonresidents;  method and effect of service; continuances
    Any employer, not a resident of this State, or any employer not licensed to  do business in this State, or any resident employer who becomes a nonresident  of this State after the occurrence of an injury to an employee, who shall  employ or who shall have employed any person to perform work, labor or services  within this State shall be deemed by the accepting of the privilege of engaging  in such work, labor and services by his or its employees to make, constitute  and appoint the secretary of the workmen's compensation bureau as his or its  agent for the acceptance of process in any proceeding by any such employee or  dependent or representative of such employee, under and by virtue of this  chapter;  and the acceptance of such privilege or the entering into this State  for the purpose of engaging in such employment shall be a signification of such  employer that any such process issued against him or it, which is so served,  shall be of the same legal force and validity as if served upon him or it  personally.

    Service of such process shall be made by leaving a copy of the petition with  the secretary of the bureau, or some one designated by him in his office, and  such service shall be sufficient service upon such nonresident employer;   provided, that notice of such service and a copy of the petition are forthwith  sent by registered mail to the respondent to the address stated in such  petition, by the secretary of the bureau, or such person acting for him in his  office, and the respondent's return receipt and the affidavit of the secretary  of the bureau, or such person in his office acting for him, of the compliance  therewith are appended to such petition and filed in the office of the  secretary of the bureau wherein such action may be pending; provided, also,  that the date of the mailing and the date of the receipt of the return card  aforesaid are properly indorsed on such petition and signed by the secretary of  the bureau, or some one acting for him.

    The workmen's compensation bureau in which such action is pending may order  such continuance as may be necessary to afford the respondent a reasonable  opportunity to defend the action.  The secretary of the bureau shall keep a  record of all such processes which shall show the day and hour of such  service.

    This section shall be construed to extend the right of service of process upon nonresidents and shall not be construed as limiting any provisions for the  service of process now or hereafter existing.

     Amended by L.1945, c. 74, p. 394, s. 15.

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