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Friday, May 13, 2016

CITIZENS UNITED RECIPROCAL EXCHANGE VS. NORTHERN NJ ORTHOPEDIC SPECIALISTS A-0945-14T2

CITIZENS UNITED RECIPROCAL EXCHANGE VS. NORTHERN NJ 
ORTHOPEDIC SPECIALISTS 
A-0945-14T2 

PIP arbitration procedures permit a summary "action filed pursuant to N.J.S.A. 2A:23A-13 for review of the award." N.J.A.C. 11:3-5.6(g). Under N.J.S.A. 2A:23A-13(a), "[a] party to an alternative [dispute] resolution proceeding shall commence a summary application in the Superior Court for its vacation, modification or correction within 45 days after the award is delivered to the applicant, or within 30 days after receipt of an award modified pursuant to [N.J.S.A. 2A:23A-12(d)]." The Appellate Division holds that if a party files an application to modify under N.J.S.A. 2A:23A-12(d), or an application to modify or clarify under the rules of the PIP dispute resolution organization, a party must file any summary action within 30 days after receipt of the order resolving the application, regardless of whether the order grants or denies modification or clarification.