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Monday, October 22, 2007

Walter Sroczynski v. John Milek

10-19-07* A-3103-06T1

In order for an insurer's cancellation of a workers'
compensation policy to be effective, the insurer must file a
"certified statement" of cancellation with the Commissioner of
Banking and Insurance as required by N.J.S.A. 34:15-81(b). The
failure to do so renders the cancellation ineffective, even if
the insurer has complied with all other applicable statutory
requirements for cancellation. We also reject the insurer's
substantial compliance argument under Bernstein v. Bd. of Trs.,
151 N.J. Super. 71, 76-77 (App. Div. 1977). (*Approved for
Publication Date)