Search Rutgers Law Library N.J. Court Opinions

16 DIANE KUHNEL, ET AL V. CNA INS. CO., ET ALS -- rank: 695

... Division declaring that a workers' compensation lien established pursuant to N.J.S.A. 34:15-40 (Section 40) shall not include a respondent's portion of ... 6, 1997, See footnote 2 a defendant's lien under N.J.S.A. 34:15-40 was an open question by reason of the lien's ... Section 40; Count Two, violation of the Consumer Fraud Act, N.J.S.A. 34:15-40 against any recovery in a third-party action shall consist ... experts' fees. And in Streeper :         (a) A lien pursuant to N.J.S.A. 34:15-40 may not include an employer's or its insurance carrier ... injured employee's recovery; and             (b) A lien pursuant to N.J.S.A. 34:15-40 shall not include an employer's or its insurance carrier ... as of November 6, 1997, a defendant's lien under N.J.S.A. 34:15-40 was an open question by reason of the lien' ...

docket:	a4349-97
court:	njappellate
decided:	1999-06-30
status:	published
citation:	322 N.J.Super. 568
Document Size:	30419

17 JOSE GONZALEZ v. NEW JERSEY TRANSIT CORP - -- rank: 692

... his proofs. NJT also reserved the right to invoke their N.J.S.A. 34:15-40 (Section 40) lien rights. A-1408-22 2 On November ...

docket:	a1408-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-21
status:	Unpublished
citation:
Document Size:	27491

18 MANUEL CALALPA et al. v. DAE RYUNG CO., INC., et al. -- rank: 687

... it the benefit of the workers' compensation lien pursuant to N.J.S.A. 34:15-40 and, thus, directing that "plaintiff shall reimburse [the workers' compensation ... employer or its insurance carrier for compensation payments already made. N.J.S.A. 34:15-40. Thus if the trier-of-fact determines that [the employer ... similar conclusion. These cases recognize that the legislative intent [of N.J.S.A. 34:15-40] to integrate the sources of recovery and prevent a double ... defendants are not "third person" tortfeasors within the scope of N.J.S.A. 34:15-40. The reply brief takes a somewhat different tack, contending:         POINT ... workers' compensation benefits, combined, may not fully compensate injured employee, N.J.S.A. 34:15-40 does not apply, rather, equitable considerations required a determination of ... 1956, c. 141, § 6), the 1913 amendment became codified in N.J.S.A. 34:15-40 . . . .         . . . .         [ s]ection 40 provides that an employee will be " ...

docket:	A2476-01
court:	NJ Superior Court Appellate Division
decided:	2003-01-31
status:	published
citation:	357 N.J. Super. 220 814 A.2d 113
Document Size:	37411

19 /usr/local/share/www/libweb/collections/courts/appellate/a3869-19.opn.html -- rank: 679

... sue third parties who caused their on- the-job injuries. N.J.S.A 34:15-40; Vitale v. Schering-Plough Corp., 231 N.J. 234, 250 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	70612

20 Barbara Basil, etc. v. Frank A. Wolf, et al. -- rank: 671

... the doctor as a third party was appropriate, pursuant to N.J.S.A. 34:15-40. (Pp. 19-25). 2. The Court rejects the Estate's ... from the exclusive nature of the compensation scheme’s remedy. N.J.S.A. 34:15-40 states that [w]here a third person is liable to ... employee immunity from suit by Basil’s Estate. Therefore, because N.J.S.A. 34:15-40 preserves common-law claims against third-parties, the workers’ compensation ... a “third party” capable of being sued directly. See N.J.S.A. 34:15-40(g) (stating that “[t]he words, ‘third personâ ...

docket:	a-110-06
court:
decided:	2007-12-11
status:
citation:	193 N.J. 38
Document Size:	172332

21 DANIEL AQUILINO CALVA CALLE v. HITACHI POWER TOOLS -- rank: 666

... settlement agreement that purported to reserve its lien, pursuant to N.J.S.A. 34:15-40 (Section 40) of the Workers' Compensation Act, should be reimbursed ... App. Div.), certif. denied , 94 N.J. 544 (1983). Thus, N.J.S.A. 34:15-40 provides for an action by the employee or his dependents ... lien includes "liability to the injured employee or his dependents," N.J.S.A. 34:15-40, encompassing dependency benefits. The resolution of plaintiff's claims, including ...

docket:	a1015-09
court:	superior court appellate division
decided:	2011-02-15
status:	unpublished
citation:
Document Size:	25312

22 JAMES R. RASO V. ROSS STEEL ERECTORS JAMES R. RASO V. HARLEYSVILLE INS. -- rank: 661

... are permitted to include such costs in their lien under N.J.S.A. [34:15-40]. The WCJ thereafter entered an order memorializing his determination.     On ... however, Harleysville sought reimbursement for two-thirds of the total. N.J.S.A. 34:15-40(b) and (e). - - This archive is a service of Rutgers ...

docket:	a3239-96
court:	njappellate
decided:	1999-03-12
status:	published
citation:	<a href=
Document Size:	33634

23 JAMES R. RASO V. ROSS STEEL ERECTORS JAMES R. RASO V. HARLEYSVILLE INS. -- rank: 661

... are permitted to include such costs in their lien under N.J.S.A. [34:15-40]. The WCJ thereafter entered an order memorializing his determination.     On ... however, Harleysville sought reimbursement for two-thirds of the total. N.J.S.A. 34:15-40(b) and (e). - - This archive is a service of Rutgers ...

docket:	a3049-96
court:	njappellate
decided:	1999-03-12
status:	published
citation:	<a href=
Document Size:	33634

24 HEIDI DELANE, et al. v. THE CITY OF NEWARK, et al. -- rank: 653

... 1) whether a workers' compensation lien, arising by operation of N.J.S.A. 34:15-40, attaches to the full amount of a wrongful death recovery ... all economic losses, past and future).     Third, the language of N.J.S.A. 34:15-40 supports the conclusion that the entire wrongful death recovery is subject to the lien. N.J.S.A. 34:15-40 provides as follows in pertinent part:          Liability of third party ... be only such as is hereinafter in this section provided. . . .         [ N.J.S.A. 34:15-40 (emphasis added).] The language of the statute does not exempt ... received such benefits, there is no doubt that, pursuant to N.J.S.A. 34:15-40, the City's lien for such benefits would attach to ... assert a lien and/or any right of repayment under N.J.S.A. 34:15-40" against the survival claim recovery is affirmed. Footnote: 1      ...

docket:	A1407-99
court:	NJ Superior Court Appellate Division
decided:	2001-07-24
status:	published
citation:	343 N.J. Super. 225
Document Size:	35399

25 JAMES BARACIA v. BOARD OF TRUSTEES OF THE STATE POLICE RETIREMENT SYSTEM - -- rank: 635

... share of the attorney's fees it owed petitioner under N.J.S.A. 34:15-40(b). We agree with petitioner's position and reverse, requiring ... and was relieved of its future workers' compensation liability. Under N.J.S.A. 34:15-40(b), the employer was required to pay a pro rata ... share of counsel fees incurred by the employee pursuant to N.J.S.A. 34:15-40(b) in a third-party tort action that resulted in ... third-party recovery action. We agree with petitioner's contention. N.J.S.A. 34:15-40(b) provides: If the sum recovered by the employee or ... expenses of suit and attorney's fee as hereinafter defined. N.J.S.A. 34:15-40(e) defines "expenses of suit" as an amount not to ... s order is totally in keeping with the provisions of N.J.S.A. 34:15-40(b) which requires the employer to pay its portion ...

docket:	a3611-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-13
status:	published
citation:	420 N.J. Super. 1 18 A.3d 220
Document Size:	20900

26 JOSE CABRERA - v. COUSINS SUPERMARKET - -- rank: 635

... permitting respondent Cousins Supermarket (Cousins) to assert a lien under N.J.S.A. 34:15-40. As we find that Cousins had that right under the ... Cousins filed a motion to enforce the lien pursuant to N.J.S.A. 34:15-40 before the workers' compensation judge. The judge ruled that Cousins ... Manor , 404 N.J. Super 542 , 548 (App. Div. 2009). N.J.S.A. 34:15-40(b) allows a compensation lien to attach to an employee ... in the high/low agreement, this represented a settlement triggering N.J.S.A. 34:15-40 because it was a payment received from a tortfeasor as ... Frazier , it was determined that a statutory lien attaches under N.J.S.A. 34:15-40 to the proceeds of a legal malpractice action even though ...

docket:	a5287-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18512

27 JENNIFER LAMBERT v. TRAVELERS INDEMNITY COMPANY OF AMERICA -- rank: 633

... portion of the medical expenses it has already paid under N.J.S.A. 34:15-40 (Section 40). I. The three cases that give rise to ... preclude suits against third-persons responsible for their injuries. See N.J.S.A. 34:15-40; Danesi v. Am. Mfrs. Mut. Ins. Co. , 189 N.J ... 66 (App. Div.), certif. denied , 94 N.J. 544 (1983). N.J.S.A. 34:15-40 was enacted as a means of "regulating and marshaling the ... the] employee's expenses of suit and attorney's fee." N.J.S.A. 34:15-40(b); see also Frazier , supra , 142 N.J. at 597. N.J.S.A. 34:15-40(b) "imposes a lien in favor of the workers compensation ...

docket:	a1073-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-24
status:	published
citation:	447 N.J.Super. 61 145 A.3d 1095
Document Size:	46388

28 TINA L. TALMADGE v. CONNIE S. BURN -- rank: 627

... recovery the defendant tortfeasor paid to plaintiff, as authorized by N.J.S.A. 34:15-40 (section 40) of the Workers' compensation Act (the Act), N ... expenses of suit and attorney's fee as hereinafter defined. [ N.J.S.A. 34:15-40(a)-(b).] More specifically, "section 40 prevents the worker from ... s subrogation rights are limited to claims plaintiff may assert, N.J.S.A. 34:15-40(f), she concludes the workers' compensation carrier has no entitlement ... be satisfied from plaintiff's $250,000 recovery from Burns. N.J.S.A. 34:15-40(b). Affirmed. This archive is a service of Rutgers School ...

docket:	a3160-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:	446 N.J.Super. 413 142 A.3d 757
Document Size:	19666

29 MICHAEL DESMOND v. TOWNSHIP OF PARSIPPANY-TROY HILLS -- rank: 620

... those benefits pursuant to the Workers' Compensation Act (WCA), specifically N.J.S.A. 34:15-40. The trial court granted the motion. On July 19, 2011 ... a cross-motion to enforce its right to reimbursement under N.J.S.A. 34:15-40. On November 4, 2011, plaintiff filed a motion for reconsideration ... with MCMUA and WMNJ are subject to reimbursement pursuant to N.J.S.A. 34:15-40. The court entered an order dated December 16, 2011, memorializing ... to the injured worker as a result of those injuries. N.J.S.A. 34:15-40(b). The TCA provides, however, that [i]f a claimant ... Transit , 401 N.J. Super. 371 , 381 (App. Div. 2008), N.J.S.A. 34:15-40 "does not apply to public entities or public employees." We ... settlement. Serpa , supra , 401 N.J. Super. at 381. Furthermore, N.J.S.A. 34:15-40 allows Travelers to seek reimbursement of its compensation benefits ...

docket:	a1922-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-05
status:	unpublished
citation:
Document Size:	44073

30 PAULETTE DORFLAUFER v. PMA MANAGEMENT CORP -- rank: 620

... expenses of suit and attorney’s fee as hereinafter defined. [ N.J.S.A. 34:15-40 (emphasis added).] Our Supreme Court has recognized that Section 40 ...

docket:	a1727-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	unpublished
citation:
Document Size:	20836