
In the recent Appellate Division decision in Puerta v Novello, App Div 23-2-9635, which is an unpublished decision, the appellate division upheld the trial court's decision to dismiss the plaintiff's case for failure to produce a certificate of permanency as required by NJSA 39:6A-8a. In this case the plaintiff was unable to obtain a certificate of permanency from her treating doctor, however she did obtain one from a doctor who later admitted in depositions that he was not her treating physician. The court ruled that this was not sufficient and dismissed her case for failure to provide a treating physician permanency certification.