The New Jersey Application for Review or Modification of Formal Award (Form WC-368) is the document an injured worker or an employer files with the Division of Workers’ Compensation to reopen a closed work-injury case and ask a judge to increase, decrease, or change a benefit award that was already entered. You file it under N.J.S.A. 34:15-27 when a condition gets worse, gets better, or when payment terms need to change after a Formal Award or Order Approving Settlement.
Most people who fill out this form are hurt workers whose injury has worsened months or years after their case closed, and the clock matters more than almost anything else. You have two years from the date of your last payment to file, and if you miss that window, the case is closed forever, no matter how bad your condition gets. The current official version is WC-368, revision date 8/26/2015, so check the bottom-left corner of your copy before you write a single word.
This guide walks you through every box on the form, line by line, in plain language.
- 📋 What Form WC-368 does, who must file it, and the law that controls it
- 🗓️ How to count your two-year deadline so you do not lose your right to reopen
- ✍️ A box-by-box walkthrough with real sample entries you can copy
- 👥 Three full real-world examples showing exactly what to write in each section
- ⚠️ The field-level mistakes that get reopeners rejected and how to dodge them
What the Form Is and Who Must File It
Form WC-368 is the official “reopener” pleading in New Jersey workers’ compensation. It is the legal request that asks a Judge of Compensation to take a second look at a case that already ended with a Formal Award or Order Approving Settlement. The form sits inside the existing case, which is why it demands the original Case Number at the top. You are not starting a brand-new claim; you are reopening one the court already decided.
The most common filer is the petitioner, meaning the injured worker, whose medical condition has gotten worse since the award. A worker who settled a back injury two years ago and now needs surgery is the textbook example. But the statute runs both ways. An employer, insurance carrier, or third-party administrator (TPA) can also file WC-368 to ask the court to decrease an award when a worker has recovered better than expected, or to modify payment terms. Attorneys file these on behalf of clients constantly, but injured workers are allowed to file on their own, known as filing pro se.
The form is required by N.J.S.A. 34:15-27, the section of the New Jersey Workers’ Compensation Act that grants the court power to review and modify awards. In plain English, this law says a closed comp case is not always permanent, because injuries change over time. If you ignore it and just stop showing up for treatment, you lose the right to ask for more benefits later. For example, Darnell, a warehouse worker, assumed his settlement was the end; when his knee gave out 14 months later, only a timely WC-368 let him reopen. The common misconception is that a settlement is “final forever,” when in reality the law builds in a limited reopening window.
The agency that receives the form is the Division of Workers’ Compensation, part of the New Jersey Department of Labor and Workforce Development, at PO Box 381, Trenton, New Jersey 08625-0381.
Before You Start: Documents and Information You Need
Filling out WC-368 goes faster and cleaner when you gather everything first. The form cross-checks names, numbers, and dates against the court’s existing case file, so a single missing item can stall the whole reopener. Here is your pre-filing checklist.
- Your original Case Number and Vicinage. The form will not process without the exact case number from your prior award, because the reopener attaches to that file; a wrong number sends it to the wrong place or gets it rejected.
- The Order Approving Settlement or Formal Award. You need the date the award was “entered,” which the form asks for directly; without it the judge cannot identify what you are modifying.
- Proof of your last payment date. This is the single most important date, because your two-year deadline counts from it; missing records here can cost you the case entirely.
- Your Social Security Number. The Division uses it to cross-match with the Social Security Administration and Temporary Disability Insurance; a missing SSN delays record-keeping.
- The respondent and insurance carrier details. You need the employer name, carrier or TPA name, address, and carrier claim number so the right party gets served.
- Your date of injury. The form asks for this to tie the reopener to the original accident; a wrong date can create confusion with other claims.
- A current medical report. You must show your condition changed, so a recent doctor’s report describing worsening (or improvement) is the backbone of your case.
- Your Medicare and Medicaid status. The form asks three eligibility questions, and getting these wrong can trigger a federal Medicare Set-Aside hold on settlement.
- A notary. The form must be sworn before a notary or court officer, so line one up before you sign.
If a guardian files for you, or if more than one insurance carrier was involved, also grab the names and addresses needed for the Supplemental Page (WC-368supp).
Where to Get the Form and How to Access It
The official, current form lives on the state’s website. Download the WC-368 PDF directly from the Division of Workers’ Compensation, and grab the WC-368 Supplemental Page if your case has extra carriers, a guardian, or named corporate officers. You can find both on the Division’s Forms and Publications page. Always pull the form fresh from the state site rather than a third-party form mill, because outdated versions can be rejected.
The form is a fillable PDF, so you can type directly into the boxes on a computer or print it and write by hand. If you write by hand, use black ink and print clearly in capital letters, because illegible entries slow down processing. Confirm the revision stamp reads r.8/26/2015 in the lower-left corner.
A common mistake is downloading a look-alike “fillable Word” version from a paid third-party site. The consequence is a stale form that may not match the court’s current intake, leading to rejection. The misconception is that any version “close enough” will do, when the Division expects its own current pleading. For example, Rosa nearly filed a 2009 copy she found online, then switched to the official PDF after checking the revision date.
Step-by-Step: How to Fill Out Form WC-368 Line by Line
This is the heart of the form. Work top to bottom and do not skip a box, even the ones that look obvious. Each entry feeds the court’s case file, and each blank can cause a delay.
Filing Type: ORIGINAL or AMENDED FILING
At the very top, the form gives you two checkboxes: □ ORIGINAL and □ AMENDED FILING. This box tells the court whether this is your first version of the reopener or a corrected, updated version of one you already filed. Check ORIGINAL the first time you file the reopener for this award.
Check AMENDED FILING only if you are revising a reopener you already submitted, such as adding a carrier you left off or correcting a wrong date. For example, Tomás checks ORIGINAL on his first reopener after his shoulder worsened.
A nuance: if you filed a reopener last month and now need to change it, you check AMENDED FILING and also fill the “Summary of Changes” block lower on the form. A common mistake is checking AMENDED on a first-time filing, which makes the clerk hunt for an earlier pleading that does not exist and delays docketing. The misconception is that “amended” means “improved” or “final”; it only means you are changing a prior filing.
Case No. and Vicinage
The form prints Case No.: ______ and Vicinage: ______ at the top, with the bold note “Case Number Required.” This asks for the docket number of your original closed case and the district court office (vicinage) that handled it. Enter the exact case number from your Order Approving Settlement, for example 2019-12345, and the vicinage, for example Mount Holly.
New Jersey has district offices across the state, and the vicinage tells the court which office owns your file. A nuance: if you cannot find your case number, check your settlement order or call the Division before guessing. A common mistake is leaving the case number blank or entering a digit wrong, and the direct consequence is that the reopener cannot attach to your existing file and gets bounced. The misconception is that your name alone will let the court find the case; the system runs on case numbers, not names.
Petitioner Section: Social Security Number, Name, Address, Date of Birth, Sex, Telephone, Fax
The left block is the PETITIONER section. It asks for your SOCIAL SECURITY NUMBER, NAME, ADDRESS, DATE OF BIRTH, SEX, TELEPHONE NUMBER, and FAX NUMBER. This identifies you as the injured worker bringing the reopener. Enter your full legal name as it appears on your prior award, your current mailing address, and your date of birth in MM/DD/YYYY format, for example 07/22/1978.
Use the same name spelling that is on your original case, because the Division cross-matches names and Social Security Numbers with the Social Security Administration and Temporary Disability Insurance. A nuance: if you moved since your last award, enter your current address so notices reach you, not the old one on file. A common mistake is entering a nickname or a new married name that does not match the original file, and the consequence is a processing hold while the court confirms you are the same person. The misconception is that the SSN is optional; the form’s notice explains it is authorized for record-keeping and cross-matching, and leaving it blank slows everything down.
Attorney for Petitioner Section: Tax Identification Number, Name, Address
The right block is ATTORNEY FOR PETITIONER, asking for a TAX IDENTIFICATION NUMBER, NAME, and ADDRESS. This is where your lawyer’s information goes if you have one. If you are filing pro se, meaning without a lawyer, write PRO SE or SELF-REPRESENTED in the name field and leave the tax ID blank.
For example, attorney Janet Pierce, Esq. enters her firm name, office address, and tax ID here when she represents the worker. A nuance: if you hire a lawyer after filing, the attorney files a substitution later, so do not panic if this box is empty at the start. A common mistake is leaving this entire block blank with no note when filing alone, which leaves the court unsure who to send notices to; writing PRO SE fixes that. The misconception is that you must have a lawyer to file; New Jersey lets injured workers file on their own.
Guardian or Representative Checkbox
Below the petitioner block sits a checkbox: □ A guardian or other representative is filing on behalf of the petitioner. See additional page for details. This applies when the injured worker cannot file for themselves, such as a worker who is incapacitated or a dependent in a death claim. Check this box only if someone is filing on the worker’s behalf, then complete the guardian section on the Supplemental Page.
For example, Maria Lopez checks this box because she files on behalf of her husband, who suffered a brain injury and cannot manage his own affairs. A nuance: a power of attorney or court-appointed guardianship usually backs this up, so keep that paperwork ready. A common mistake is checking the box but never completing the Supplemental Page, which leaves the guardian’s legal authority unproven and stalls the case. The misconception is that a spouse can automatically file for an injured worker; legal authority or guardianship is what the court looks for.
Respondent Section: Name
The RESPONDENT block asks for the NAME of the party you are filing against, which is almost always your employer at the time of injury. Enter the employer’s full legal business name exactly as it appeared in your original case, for example Garden State Logistics, Inc. This is the party the court will order to pay or adjust benefits.
A nuance: if the company changed names or was bought out since your injury, use the name on your original award and note the change in the “reasons” section. A common mistake is naming the wrong corporate entity, and the consequence is that the wrong party gets served and your case stalls while service is corrected. The misconception is that you sue the insurance company directly; the employer is the named respondent, with the carrier handling payment.
Insurance Carrier / TPA Section: Name, Address, Carrier Claim Number
Next to the respondent is the INSURANCE CARRIER / TPA block, asking for the NAME, ADDRESS, and CARRIER CLAIM NUMBER. This is the insurance company or third-party administrator that paid your original claim. Enter the carrier name, mailing address, and the claim number printed on your old correspondence, for example Claim No. WC-558-2019.
The carrier claim number lets the insurer pull your file fast, which speeds the whole reopener. A nuance: a TPA may handle the claim instead of the named insurer, so use the entity that actually managed your benefits. A common mistake is leaving the carrier claim number blank, which forces the insurer to search by name and date and slows their response. The misconception is that the court tracks down the carrier for you; you must name and locate them.
Uninsured / Corporate Officers Checkbox and Additional Carriers Checkbox
Two checkboxes follow: □ If uninsured, individual corporate officers, or others, are also named as respondent(s). See Supplemental Page for details and □ See Supplemental Page for additional carriers. These handle unusual cases where the employer had no insurance, or where more than one carrier covered the injury period. Check the first box if you are naming individual owners because the company was uninsured, and the second if multiple carriers are involved.
For example, Kevin checks the additional-carriers box because two insurers covered his employer during his repetitive-strain injury. A nuance: when an employer is uninsured, naming the individual corporate officers can be the only way to recover. A common mistake is ignoring these boxes when extra parties exist, which leaves necessary respondents out of the case and can block full recovery. The misconception is that these boxes are rare formalities; for uninsured or multi-carrier claims they are essential.
Statement of Modification: Name and Reasons for Review
The core legal sentence reads: “TO THE DIVISION OF WORKERS’ COMPENSATION: __ (Name of Petitioner or Respondent), pursuant to N.J.S.A. 34:15-27 seeks modification and review of the award entered on ____, for the following reasons:” This is where you state who is asking and why. Write the filer’s name in the first blank, the date the original award was entered in the second blank, and then describe in the lines below exactly how your condition changed.
Be specific and factual, for example: Petitioner’s lumbar condition has worsened; he now has increased pain, reduced range of motion, and an MRI showing a new herniation requiring surgery. A nuance: if you need more room, check □ See Attached For Additional Information and add a typed page. A common mistake is writing something vague like “I feel worse,” which gives the judge nothing to act on and invites a quick dismissal. The misconception is that you must prove your whole case in this box; you need a clear, honest statement of changed condition, with medical proof to follow.
As to Claim Petitioner: Date of Injury, Date of Last Comp. Pd., Present Employment Status, Claim Petitions Filed Since Last Award
This block asks for Date of Injury, Date of Last Comp. Pd. (date of last compensation paid), Present Employment Status, and Claim Petitions filed since last award. These anchor your timeline. Enter the original accident date, the date you received your final payment (for example 04/15/2024), whether you are working, disabled, or retired, and list any new claims you filed since the award.
The Date of Last Comp. Pd. is the most important entry on the entire form, because your two-year reopening deadline counts from that exact date. A nuance: “last comp paid” can mean the last permanency check or the last authorized medical payment, so confirm the true final date with the carrier. A common mistake is guessing this date or using the award date instead, and the consequence can be a reopener that looks late and gets dismissed as time-barred. The misconception is that the deadline runs from the injury or the settlement date; it runs from the last payment.
This Is the ____ Application for Review or Modification
The form states: “This is the ______ Application for Review or Modification of this award. (Number).” This asks how many times this award has been reopened, counting the current filing. Write a word or number such as first, second, or 1st. If you never reopened before, write first.
For example, Darnell writes first because this is his initial reopener after his original 2022 settlement. A nuance: each reopener has its own two-year clock that runs from the last payment of the prior award, so a second reopener is possible if timely. A common mistake is leaving this blank or miscounting, which confuses the court about your case history. The misconception is that you can only reopen once; you can file additional reopeners as long as each one is filed within its own two-year window.
Demand for Medical Records Checkbox
The form offers: □ Demand is hereby made for all records of medical treatment, examinations and diagnostic studies. [N.J.A.C. 12:235-3.8(c)]. Checking this box formally requests the medical records tied to your case under N.J.A.C. 12:235-3.8. Check it if you want the respondent to turn over treatment, exam, and diagnostic records.
This rule, N.J.A.C. 12:235-3.8(c), is the regulation that lets a party demand the other side’s medical evidence in a comp case. Ignoring this demand can leave you without the records you need to prove worsening, which weakens your reopener. For example, Rosa checks this box to obtain the MRI and surgical reports her treating doctor relied on. The misconception is that the court automatically hands over records; you have to demand them.
Medicare and Medicaid Eligibility Questions
Three yes/no questions appear: “ARE YOU MEDICARE ELIGIBLE OR A MEDICARE BENEFICIARY? □ YES □ NO”, “WERE YOU ELIGIBLE FOR MEDICAID BENEFITS AT THE TIME OF THE WORK INJURY? □ YES □ NO”, and “DID YOU BECOME ELIGIBLE FOR MEDICAID BENEFITS AFTER THE WORK INJURY? □ YES □ NO.” These flag whether federal programs have an interest in your case. Answer each honestly by checking YES or NO.
If you are 65 or older, on Social Security Disability, or otherwise on Medicare, you likely check YES on the first question. A nuance: a YES on Medicare can trigger a Medicare Set-Aside (MSA) review before settlement, because Medicare must stay the secondary payer. A common mistake is answering these wrong to speed things up, and the consequence is a federal compliance hold or a later demand for repayment. The misconception is that these questions do not matter for a reopener; they directly affect how a new settlement can be structured.
Summary of Changes (Amended Filings Only)
The form provides a “Summary of Changes (Complete only if filing an Amended pleading)” block. This is where you list what you changed from a prior reopener you already filed. Leave it blank if you checked ORIGINAL at the top; fill it only if you checked AMENDED FILING.
For example, Tomás writes Added second insurance carrier and corrected date of last payment when he amends his earlier reopener. A nuance: keep the summary short and specific so the clerk can match it to the original pleading. A common mistake is rewriting the entire reopener here instead of just listing the changes, which confuses the record. The misconception is that every filer completes this box; only amended filings use it.
Notary Block: State, County, Sworn Statement, and Applicant Signature
The bottom of the form reads: “STATE OF NEW JERSEY, COUNTY OF __. Subscribed and sworn or affirmed to before me this ___ day of _, ___,” with a line for the notary and a line for the Applicant signature. This makes your reopener a sworn legal statement. Fill in the county where you sign, then sign on the Applicant line in front of a notary, who completes the date and signs below.
For example, Darnell signs in Burlington County before a notary at his bank. A nuance: do not sign until you are with the notary, because the notary must witness your signature. A common mistake is signing the form at home and mailing it unnotarized, and the consequence is rejection for an invalid, unsworn pleading. The misconception is that your signature alone is enough; the sworn notarization is what makes it legally valid.
Supplemental Page (WC-368supp): Additional Carriers, Guardian, Corporate Officers
If your case needs it, the Supplemental Page repeats the Case No. and Vicinage at the top, then provides ADDITIONAL CARRIERS (name, address, carrier claim number, period of coverage from/to), a GUARDIAN OR REPRESENTATIVE block (name, address, relationship to petitioner), and an INDIVIDUAL CORPORATE OFFICERS/PARTNERS/LLC MEMBERS block. Fill this only if you checked the matching boxes on the main form. Enter each extra carrier’s coverage dates, the guardian’s relationship (for example Spouse), and any named owners of an uninsured employer.
A nuance: match the case number on the supplement to the main form exactly, or the pages will not stay together. A common mistake is leaving coverage periods blank for multiple carriers, which makes it unclear who is responsible for which time span. The misconception is that the supplement is optional paperwork; when extra parties exist, it is required to bring them into the case.
Three Filled-Out Examples Using Real Scenarios
These examples show how three different filers complete the most important sections of WC-368. Sample entries are italicized so you can tell them apart from instructions.
Scenario 1: Darnell, a Warehouse Worker With a Worsened Back
Darnell settled a lumbar injury in 2022 and now needs surgery after his condition declined. He files an original pro se reopener within two years of his last check.
| Form Section | What Darnell Enters |
|---|---|
| Filing Type | ORIGINAL |
| Case No. / Vicinage | 2022-08841 / Mount Holly |
| Petitioner Name / DOB | Darnell Carter / 03/09/1985 |
| Attorney for Petitioner | PRO SE |
| Respondent / Carrier Claim No. | Garden State Logistics, Inc. / WC-558-2022 |
| Reasons for Review | Lumbar condition worsened; new MRI shows herniation requiring surgery |
| Date of Last Comp. Pd. | 05/20/2024 |
| This is the ____ Application | first |
| Medicare Eligible? | NO |
| Notary County / Signature | Burlington County / Darnell Carter |
Scenario 2: Rosa, a Nurse Needing New Surgery After Settlement
Rosa settled a shoulder injury two years ago and now requires a second operation. She checks the medical-records demand box and answers the Medicare questions because she is on Social Security Disability.
| Form Section | What Rosa Enters |
|---|---|
| Filing Type | ORIGINAL |
| Case No. / Vicinage | 2021-14002 / Trenton |
| Petitioner Name / DOB | Rosa Mendez / 07/22/1978 |
| Reasons for Review | Right shoulder re-tore; treating surgeon recommends rotator cuff revision |
| Date of Injury | 02/11/2020 |
| Date of Last Comp. Pd. | 01/30/2024 |
| Demand for Medical Records | Checked |
| Medicare Eligible? | YES |
| This is the ____ Application | first |
| Notary County / Signature | Mercer County / Rosa Mendez |
Scenario 3: Garden State Logistics, an Employer Seeking a Decrease
The employer’s carrier files a reopener to decrease an award because the worker recovered better than the original rating predicted. An attorney handles it.
| Form Section | What the Carrier Enters |
|---|---|
| Filing Type | ORIGINAL |
| Case No. / Vicinage | 2022-08841 / Mount Holly |
| Filer Name (in reasons line) | Garden State Logistics, Inc. (Respondent) |
| Attorney for Petitioner | Janet Pierce, Esq. |
| Respondent / Carrier Claim No. | Garden State Logistics, Inc. / WC-558-2022 |
| Reasons for Review | Petitioner’s function improved; IME shows reduced disability warranting decrease |
| Date of Last Comp. Pd. | 05/20/2024 |
| This is the ____ Application | first |
| Summary of Changes | Blank (original filing) |
| Notary County / Signature | Burlington County / Janet Pierce, Esq. |
How to File the Completed Form
New Jersey accepts WC-368 through a few channels, and you should keep proof of filing no matter which you use. The Division’s main intake address is PO Box 381, Trenton, New Jersey 08625-0381.
- By mail. Send the signed, notarized original to the Division of Workers’ Compensation, PO Box 381, Trenton, NJ 08625-0381. There is no filing fee for the reopener itself. Use certified mail with return receipt so you keep dated proof of filing, and expect several weeks for docketing.
- In person. You can deliver the form to your local district office, which covers vicinages across the state. Ask for a date-stamped copy as your proof of filing. There is no fee to file the application.
- Electronically through an attorney. Lawyers commonly file through New Jersey’s electronic court systems used by the Division. If you have counsel, they handle e-filing and keep the electronic confirmation as proof. Self-represented filers usually mail or hand-deliver.
Because there is no fee, payment methods do not apply to the reopener pleading. Keep a full copy of everything you send, including the Supplemental Page, the medical report, and your mailing receipt.
What Happens After You File
Once the Division dockets your reopener, the case is reactivated under its original case number and assigned back to a vicinage and a Judge of Compensation. The respondent and carrier are served and must respond, often using the matching answer form, WC-369. Expect the carrier to schedule an independent medical exam (IME) to evaluate whether your condition truly changed.
From there, the case moves much like the original did. The judge holds hearings, both sides exchange medical reports, and you must prove an increase (or the employer must prove a decrease) in disability with objective medical evidence. For example, Rosa attends an IME, her surgeon’s report and the carrier’s report go before the judge, and the parties negotiate a new percentage of disability. Many reopeners settle; some go to trial. A worsened condition that is well documented can lead to additional permanency benefits, more medical treatment, or both.
Mistakes to Avoid When Filling Out the Form
- Filing after the two-year deadline, which permanently bars your reopener and ends any chance of more benefits.
- Using the award date instead of the last-payment date for your deadline math, which can make a timely case look late.
- Leaving the Case No. blank or entering it wrong, which stops the reopener from attaching to your existing file.
- Signing the form at home without a notary, which renders the sworn pleading invalid and gets it rejected.
- Writing vague reasons like “I feel worse,” which gives the judge no basis to act and invites dismissal.
- Skipping the Date of Last Comp. Pd., which removes the court’s ability to confirm you filed on time.
- Naming the wrong employer or corporate entity, which sends service to the wrong party and stalls the case.
- Answering the Medicare or Medicaid questions incorrectly, which can trigger a federal compliance hold on settlement.
- Forgetting the Supplemental Page when multiple carriers or a guardian apply, which leaves required parties out.
- Downloading an outdated third-party form instead of the official r.8/26/2015 version, which risks rejection at intake.
- Using a nickname or new name that does not match the original case, which causes an identity cross-check delay.
- Filing without a current medical report, which leaves you unable to prove the changed condition the law requires.
Do’s and Don’ts
Do: – Do confirm your Date of Last Comp. Pd. with the carrier, because your entire deadline depends on it. – Do download the official WC-368 from the state site, so you use the current accepted version. – Do sign in front of a notary, because the pleading is only valid when sworn. – Do attach a recent medical report, since worsening must be proven with objective evidence. – Do keep certified-mail proof, so you can show exactly when you filed. – Do write PRO SE in the attorney box if filing alone, so the court knows where to send notices.
Don’t: – Don’t guess your last-payment date, because a wrong date can make a timely case look time-barred. – Don’t leave the Case No. blank, since the reopener cannot find your file without it. – Don’t write a vague reason for review, because judges dismiss filings with no factual basis. – Don’t ignore the Medicare questions, since wrong answers create federal compliance problems. – Don’t mail an unnotarized form, because it will be rejected as an invalid pleading. – Don’t wait until the deadline is near, since clerical delays could push you past two years.
Pros and Cons of Filing on Your Own vs. With an Attorney
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Pro: No attorney fee comes out of your award, so you keep more of any recovery. | Pro: A lawyer knows the exact field traps and deadline math, reducing rejection risk. |
| Pro: You control the timing and filing directly, with no middle step. | Pro: Attorneys handle electronic filing and service, saving you legwork. |
| Pro: Simple worsening cases with clear records can be straightforward to file. | Pro: Counsel can negotiate a higher permanency percentage using medical experts. |
| Con: You must gather your own medical proof, which is hard without legal know-how. | Con: Attorney fees in NJ comp are set by the judge and come from the award. |
| Con: A single field mistake can delay or sink a meritorious reopener. | Con: You give up some direct control over case decisions and timing. |
FAQs
Do I have only two years to file a reopener?
Yes. You must file within two years of the date of your last compensation payment, and missing that window permanently closes the case under N.J.S.A. 34:15-27.
Can an employer file Form WC-368 to lower my award?
Yes. The same statute lets a respondent or carrier file to decrease an award when a worker recovers better than the original rating predicted.
Do I write the award date or the last-payment date for my deadline?
No. The deadline runs from the Date of Last Comp. Pd., not the award date, so always use your final payment date in that box.
Do I check ORIGINAL or AMENDED FILING on my first reopener?
Yes, check ORIGINAL. Use AMENDED FILING only when you are correcting a reopener you already submitted for the same award.
Do I need to write something in the “This is the ____ Application” box?
Yes. Write first if you never reopened before; the box tracks how many times this award has been reviewed, including the current filing.
Do I put my lawyer’s info if I am filing alone?
No. Leave the attorney block’s tax ID blank and write PRO SE in the name field so the court knows you represent yourself.
Can I file this form without a notary?
No. The form must be subscribed and sworn before a notary or court officer, so sign only in their presence or it will be rejected.
Do the Medicare and Medicaid questions really matter?
Yes. A YES on Medicare can trigger a Medicare Set-Aside review before settlement, so answer all three honestly.
Is there a fee to file Form WC-368?
No. The Division does not charge a fee to file the Application for Review or Modification of Formal Award.
Do I always need the Supplemental Page?
No. Use the WC-368supp only when there are additional carriers, a guardian, or named corporate officers in an uninsured case.
Can I reopen a case more than once?
Yes. You can file additional reopeners as long as each one is filed within two years of the last payment under the most recent award.
Do I need a new medical report to file?
Yes. You must prove your condition changed with objective medical evidence, so a current doctor’s report is essential to a successful reopener.
Do I use my old address or current address in the Petitioner block?
Yes, use your current address. The Division mails notices there, so an outdated address means you could miss critical hearing dates.
Can I file by mail instead of in person?
Yes. Send the signed, notarized original by certified mail to PO Box 381, Trenton, NJ 08625-0381, and keep the receipt as proof of filing.
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