Workers' Compensation Law Board Certification by the New Jersey Supreme Court

Achieving board certification in Workers' Compensation Law in New Jersey is a rigorous process designed to ensure that only highly qualified attorneys receive this designation. The certification process evaluates an attorney’s experience, competence, and adherence to high ethical standards in the field of workers' compensation law. Below are the key standards and requirements for achieving this certification:

1. Bar Admission and Good Standing

• Minimum Years of Practice: The attorney must have been admitted to the New Jersey Bar for at least five years and must be in good standing in all jurisdictions where they are licensed. This ensures that the attorney has significant experience in practicing law.
• Good Standing: The attorney must not have any ongoing disciplinary actions or unresolved complaints in any jurisdiction where they are admitted to practice law.

2. Substantial Involvement in Workers' Compensation Law

• Professional Experience: The attorney must demonstrate that they have devoted a substantial portion of their legal practice to workers' compensation law. Specifically, the attorney must have resolved to completion at least 120 workers' compensation cases within the three years immediately preceding the application for certification.
• Contested Actions: The attorney must have had primary responsibility for at least ten contested workers' compensation actions that were resolved either by a decision from the Compensation Court or substantially prepared for trial before settlement. Additionally, the attorney may substitute two of these ten contested actions with appeals to the Appellate Division or the New Jersey Supreme Court, provided they are separate matters from any other contested actions submitted.

3. Specific Case Requirements

• Second Injury Fund Matters: The attorney must have had primary responsibility for at least five Second Injury Fund cases involving post-1980 incidents that resulted in an order for Second Injury Fund liability.
• Witness Testimony: At least five of the ten contested actions must include testimony from a minimum of ten medical-professional or scientific expert witnesses. The attorney must have taken testimony from at least 30 witnesses before a Judge of Compensation, either in court or through sworn deposition.

4. Peer and Judicial References

• References: The attorney must provide references from at least eight members of the bench or bar, including three judges who have observed the attorney's trial work and five attorneys who have been opposing counsel. These references must attest to the attorney’s competence, ethics, and professionalism in workers' compensation law.

5. Continuing Legal Education (CLE)

• CLE Requirements: The attorney must have completed a minimum of 36 hours of continuing legal education (CLE) in workers' compensation law within the three years preceding the application. At least 12 of these CLE hours must be devoted to medical aspects relevant to workers' compensation cases. These courses should enhance the attorney’s knowledge and skills in areas critical to workers' compensation practice.

6. Written Examination

• Examination: After meeting the initial eligibility requirements, the attorney must pass a comprehensive written examination that tests their knowledge of workers' compensation law, including procedural rules, substantive law, and ethical considerations. The exam is designed to evaluate the attorney's ability to manage complex workers' compensation cases effectively.

7. Application Process

• Detailed Application: The attorney must submit a detailed application, which includes documentation of their experience, CLE credits, and peer and judicial references. The application must also include a summary of the attorney’s professional activities in workers' compensation law over the past three years.
• Application Fee: A non-refundable application fee must be paid upon submission. This fee covers the cost of processing the application and administering the examination.

8. Certification Duration and Recertification

• Certification Period: Certification is valid for five years. Attorneys must apply for recertification during the final year of their certification period, demonstrating continued substantial involvement in workers' compensation law and compliance with ongoing CLE requirements.

By meeting these rigorous standards and requirements, attorneys can achieve board certification in Workers' Compensation Law in New Jersey, signifying their expertise and dedication to this specialized area of legal practice.

The application process for achieving board certification in Workers' Compensation Law in New Jersey is comprehensive and detailed. It is designed to assess an attorney's expertise, experience, and ethical standing in this specialized area of law. Below are the key steps involved in the application process:

1. Eligibility Verification

• Practice Requirements: Before applying, ensure that you have been admitted to the New Jersey Bar for at least five years and are in good standing. Additionally, confirm that you have dedicated a substantial portion of your practice to workers' compensation law, specifically handling at least 120 workers' compensation cases in the three years preceding your application.

2. Gathering Necessary Documentation

• Case Documentation: Prepare detailed records of your involvement in workers' compensation cases. This includes:
  • Contested Actions: Documentation of at least ten contested workers' compensation cases where you served as the primary attorney. These cases must have been resolved by a decision from the Compensation Court or substantially prepared for trial before settlement. You may substitute two of these cases with appeals to the Appellate Division or New Jersey Supreme Court, provided they are separate from any other contested actions submitted.
  • Second Injury Fund Cases: Documentation of at least five Second Injury Fund cases involving post-1980 incidents that resulted in an order for Second Injury Fund liability.
  • Witness Testimony: Ensure you have records showing that you took testimony from at least 30 witnesses, including a minimum of ten medical or scientific expert witnesses, before a Judge of Compensation.

3. Peer and Judicial References

• Identify References: Secure references from at least eight individuals who are familiar with your work in workers' compensation law. These should include:
  • Judges: At least three judges who have observed your work in court.
  • Opposing Attorneys: At least five attorneys who have been opposing counsel in your cases.
• Reference Forms: Provide the necessary forms to your referees for completion. These forms will include questions about your competence, ethics, and professionalism.

4. Continuing Legal Education (CLE)

• Complete CLE Requirements: Ensure you have completed a minimum of 36 hours of CLE in workers' compensation law within the last three years. At least 12 of these hours should focus on medical aspects relevant to workers' compensation cases.
• Document CLE Completion: Gather certificates or other proof of completion for each CLE course to include with your application.

5. Completing the Application Form

• Application Form: Download and complete the Workers' Compensation Law Certification application form. This form requires you to detail your experience, provide documentation of your trial and settlement experience, list your CLE courses, and include your peer and judicial references.
• Ethical Disclosures: Ensure that you disclose any past disciplinary actions, criminal convictions, or professional misconduct. Full disclosure is necessary, as the Board on Attorney Certification will review these as part of your application.

6. Submission of the Application

• Application Fee: Pay the required non-refundable application fee. This fee covers the cost of processing your application and administering the examination.
• Submit Application: Submit the completed application, including all required documentation, references, CLE proofs, and fee, by the specified deadline.

7. Written Examination

• Prepare for the Exam: After your application is accepted, you will need to pass a comprehensive written examination. This exam tests your knowledge of workers' compensation law, including legal procedures, evidence, and ethics.
• Schedule the Exam: You will receive instructions on scheduling the exam once your application has been processed.

8. Board Review

• Application Review: The Board on Attorney Certification will review your application, references, CLE documentation, and examination results. They may request additional information or clarification during this process.
• Decision Notification: You will be notified of the Board's decision regarding your certification. If approved, you will receive your certification, which is valid for five years.

This thorough application process ensures that only attorneys who demonstrate exceptional knowledge, skill, and ethical conduct in workers' compensation law are awarded certification, marking them as leaders in this legal specialty in New Jersey.

Maintaining board certification in Workers' Compensation Law in New Jersey involves ongoing responsibilities that ensure certified attorneys continue to meet the high standards expected in this specialized field. Below is an overview of the key aspects of annual duties, recertification, and decertification:

Annual Duties

1. Continuing Legal Education (CLE):

   • CLE Requirements: Certified Workers' Compensation Law specialists must complete a minimum of 36 hours of continuing legal education (CLE) in workers' compensation law every three years. Of these 36 hours, at least 12 must focus on medical aspects relevant to workers' compensation cases. This requirement ensures that attorneys remain current with legal and medical developments in the field and continue to refine their skills.

2. Ethical Compliance:

   • Maintaining Ethical Standards: Certified attorneys are required to adhere to the highest ethical standards. Any disciplinary actions, complaints, or ethical violations must be promptly reported to the Board on Attorney Certification. Continuous ethical compliance is crucial for maintaining certification.

3. Annual Fee Payment:

   • Fee Payment: Certified attorneys must pay an annual fee to maintain their certification. Failure to pay the fee on time may result in additional penalties and could lead to termination of certification.

Recertification Process

Certification in Workers' Compensation Law is valid for five years. To maintain their certified status, attorneys must apply for recertification before the expiration of their current certification. The recertification process includes:

1. Application for Recertification:

   • Submission of Recertification Application: During the final year of the certification period, attorneys must submit a recertification application. This application requires updated information on their professional activities, trial experience, and continuing education in workers' compensation law.

2. Continuing Education Verification:

   • Verification of CLE Credits: Attorneys must verify that they have completed the required 36 hours of CLE credits within the certification period. These credits must be documented and submitted with the recertification application to demonstrate ongoing professional development.

3. Peer and Judicial References:

   • Updated References: Updated references may be required as part of the recertification process. These references should come from judges and attorneys who have observed the attorney’s work during the certification period and can attest to their continued competence and ethical behavior.

4. Board Review:

   • Review Process: The Board on Attorney Certification will review the recertification application, CLE documentation, and any additional references. If the Board determines that the attorney has met all necessary criteria, the certification will be renewed for another five years.

Decertification

Decertification can occur if an attorney fails to meet the ongoing requirements or violates ethical standards. Key reasons for decertification include:

1. Failure to Complete CLE Requirements:

   • Non-Compliance: If an attorney does not complete the required CLE hours or fails to submit the necessary documentation, their certification may be revoked.

2. Ethical Violations:

   • Ethical Breaches: Significant ethical violations, disciplinary actions, or failure to disclose such issues can lead to decertification. The Board takes ethical conduct very seriously, and any breaches may result in the immediate revocation of certification.

3. Failure to Apply for Recertification:

   • Recertification Lapse: If an attorney does not apply for recertification before the expiration of their current certification, they will be automatically decertified. To regain certification, the attorney must reapply as a new candidate and meet all the initial certification requirements again.

This structured approach to maintaining certification ensures that only those attorneys who continue to demonstrate exceptional skill, knowledge, and ethical conduct remain certified as Workers' Compensation Law Specialists in New Jersey.