N.J.S.A 44:10-66. Workers’ compensation status of recipient participating in community alternative work experience

44:10-66. Workers’ compensation status of recipient participating in community alternative work experience

12. For the purposes of chapter 15 of Title 34 of the Revised Statutes, a recipient who participates in a community work experience or alternative work experience shall be regarded as an employee of the State and the sponsor. The recipient and the dependents of the recipient shall be provided by the State with all compensation required , and defenses and remedies available, pursuant to that chapter, except for : (1) compensation provided for temporary disability pursuant to subsection a. of R.S.34:15-12. Schedule of payments ; and (2) medical and hospital services provided pursuant to R.S.34:15-15 Medical and hospital service. unless the recipient becomes ineligible for medical assistance under the “New Jersey Medical Assistance and Health Services Act,” P.L.1968, C. 413 (C. 30:4D-1. Short title et seq.) . In the event that it is determined that the recipient has been subject to an injury or illness producing a temporary disability, the program shall not provide compensation pursuant to subsection a. of R.S.34:15-12. Schedule of payments , but the recipient shall receive cash benefits from the program and shall be deferred from the work activity requirements as provided in subsection e. of section 8 of Phamplet Law 1997, Chapter 38 (44:10-62 Adult recipient to seek employment.). Notwithstanding any other provision of law, the recipient shall be exempted from the 60-month time limit provided pursuant to section 2 of Phamplet Law 1997, Chapter 37 (44:10-72. Time limit on eligibility for benefits) during the first 90 days of each period of temporary disability subject to the provisions of this section. When determining the amount of any compensation provided pursuant to chapter 15 of Title 34 of the Revised Statutes other than compensation for temporary disability, the amount of compensation shall be calculated as if the recipient’s weekly wage was 60% of the statewide average weekly wages earned by all employees covered by the “unemployment compensation law,” R.S.43:21-1. Short title et seq. The program may provide this compensation by appropriate means, including purchasing and serving as the master policyholder for any insurance, self-insurance, or an administrative services contract. Compensation received by a recipient pursuant to chapter 15 of Title 34 of the Revised Statutes for a disability which is caused by an injury or illness which arises out of and in the course of the community work experience or alternative work experience and which is permanent in quality and partial or total in character shall not be regarded as earned income for the purposes of section 4 of Phamplet Law 1997, Chapter 13 (44:10-37 Certain income disregarded in computing benefit.) and there shall not be a disregard for that amount in computing the cash assistance benefit provided to the recipient. Compensation received by a dependent of a recipient pursuant to chapter 15 of Title 34 of the Revised Statutes for the death of the recipient which is caused by an injury or illness which arises out of and in the course of the community work experience or alternative work experience shall not be regarded as earned income for the purposes of section 4 of Phamplet Law 1997, Chapter 13 (44:10-37 Certain income disregarded in computing benefit.) and there shall not be a disregard for that amount in computing the cash assistance benefit provided to the dependent .

L.1997,C. 38,S.12.

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