
Robin Behn, Esquire, of MOODK’s New Jersey office obtained a dismissal due to lack of jurisdiction in a Superior Court matter. The Plaintiff was seeking reimbursement for the difference between the amount paid under the PA Workers’ Compensation fee schedule and the balance pursuant to the PPO, through a breach of contract claim. MOODK filed a motion to dismiss. The Judge ruled that the Superior Court Law Division lacks subject matter jurisdiction over a case, affirming that under NJSA 34:15-15, exclusive jurisdiction for disputed medical charges in workers’ compensation claims rests solely with the Division of Workers’ Compensation. The matter was thus transferred to New Jersey Workers’ Compensation Division for the merits to be addressed.
