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46 HARTFORD UNDERWRITERS INSURANCE COMPANY v. JACQUELIN SALIMENTE -- rank: 509

... given the insured employee the ten-day notice required by N.J.S.A. 34:15-40(f), 1 the workers' compensation provision that permits the compensation ... had obtained his permission to file the suit pursuant to N.J.S.A. 34:15-40(f). Because Salimente asked the court to consider matters outside ... factual issues existed as to the carrier's authorization under N.J.S.A. 34:15-40(f) to institute the subrogation action, and whether the injured ... the compensation carrier had yet to establish its compliance with N.J.S.A. 34:15-40(f), especially as it now appears that plaintiff might well ... dependents in accordance with the provisions of this section. 2 N.J.S.A. 34:15-40(f) expressly provides that any settlement or judgment recovered by ...

docket:	a3687-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	unpublished
citation:
Document Size:	22017

47 FRANCIS J. DOOLEY, ESQ v. DIANA LA PADULA, ESQ FRANCIS J. DOOLEY, ESQ v. DIANA LA PADULA, ESQ -- rank: 506

... continue this appeal, it will proceed under the provisions of N.J.S.A. 34:15-40. Thereunder, it will seek reimbursement of the lien in full ... action against the tortfeasor to directly enforce its subrogation right. N.J.S.A. 34:15-40(f)." Primus v. Alfred Sanzari Enters. , 372 N.J. Super ...

docket:	a5796-11 a5796-11
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-04-25 2014-04-25
status:	unpublished unpublished
citation:
Document Size:	47103

48 VINESH PATEL v. MICHAEL R. RIOTTO -- rank: 501

... that denied its motion to enforce a workers' compensation lien, N.J.S.A. 34:15-40, against proceeds plaintiff recovered in the settlement of his underlying personal injury suit. N.J.S.A. 34:15-40(b) provides that if an employee recovers a sum from ... s lien here is well-grounded in the language of N.J.S.A. 34:15-40 and in the cases that have interpreted the legislative intent ...

docket:	a1559-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-09
status:	unpublished
citation:
Document Size:	11723

49 CONTINENTAL INSURANCE COMPANY VS. BLANCHE MCCLELLAND -- rank: 498

... threshold bars his employer's claim for reimbursement pursuant to N.J.S.A. 34:15-40.      N.J.S.A. 39:6A-8a authorizes certain defendants ... Plaintiff seeks to bring its action against defendant pursuant to N.J.S.A. 34:15-40 which provides, in pertinent part, as follows:             Where a third ... the injured employee or his dependents against the third person . . . .         [ N.J.S.A. 34:15-40 (emphasis added).] This statute reserves to the injured employee a ... his economic loss. Whether he received them is immaterial.     Although N.J.S.A. 34:15-40 authorizes an employer to institute the action against the tortfeasor ...

docket:	a4739-94
court:	njappellate
decided:	1996-03-01
status:	published
citation:	288 N.J.Super. 185
Document Size:	16030

50 PHILIP VITALE v. SCHERING-PLOUGH CORPORATION -- rank: 485

... his right to sue a third party, in violation of N.J.S.A. 34:15-40, and to the extent the disclaimer included a waiver of ...

docket:	a1156-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-22
status:	published
citation:	447 N.J.Super. 98 146 A.3d 162
Document Size:	71201

51 TERRENCE JOHNSON v. STATE OF NEW JERSEY -- rank: 480

... recovery" by petitioner in contravention of the legislative intent of N.J.S.A. 34:15-40 as articulated by our Supreme Court in Midland Insurance Co ... supra , a New Jersey employer was permitted to intervene under N.J.S.A. 34:15-40 in a Pennsylvania tort action of a New Jersey employee ... third-party action in Pennsylvania to protect its rights under N.J.S.A. 34:15-40, so it "would be illogical to deny" it the same ... J. at 602. The double recovery to be prevented "under [ N.J.S.A. 34:15-40] is payment from two different sources for the same injury ...

docket:	a1426-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	22089

52 TERRENCE JOHNSON v. STATE OF NEW JERSEY -- rank: 475

... holding that UM proceeds constitute a third party recovery under N.J.S.A. 34:15-40, upon which a workers' compensation lien attaches). Petitioner's attorney ... amount of the lien at $17,646.67 pursuant to N.J.S.A. 34:15-40. The parties thereafter reached a settlement as to petitioner's ... petitioner's double recovery, contrary to the legislative intent of N.J.S.A. 34:15-40. Petitioner appealed. On appeal, petitioner asserts error by the judge ... recovery" by petitioner in contravention of the legislative intent of N.J.S.A. 34:15-40 as articulated by our Supreme Court in Midland . The record ...

docket:	a3202-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-20
status:	unpublished
citation:
Document Size:	35637

53 City of Asbury Park v. Star Insurance Company -- rank: 449

... exceeding the City’s self-insured retention limit. Pursuant to N.J.S.A 34:15-40, the payments by the City and Star created a workersâ ...

docket:	a-20-19
court:	NJ Supreme Court
decided:	2020-06-29
status:
citation:
Document Size:	47384

54 WILLLIAM PSIUK v. JEN ELECTRIC -- rank: 439

... lien against Psiuk's settlement with the private tortfeasor. See N.J.S.A. 34:15-40 (Section 40) (promulgating an employer's subrogation rights to third ...

docket:	a3142-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-29
status:	Unpublished
citation:
Document Size:	7792

55 NEW JERSEY INTERGOVERNMENTAL INSURANCE FUND v. RICHARD SAROKIS -- rank: 436

... dated March 16, 2010, NJM denied coverage, claiming that under N.J.S.A. 34:15-40, 1 "your [NJIIF] rights of recovery are the same as ... May 10, 2011, NJIIF notified Sarokis' that "[p]ursuant to N.J.S.A. 34:15-40 and a result of your negligence, the Fund has the ... opinion. R. 2:11-3(e)(1)(E). Affirmed. 1 N.J.S.A. 34:15-40 provides, in pertinent part: Where a third person is liable ...

docket:	a0200-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-04
status:	unpublished
citation:
Document Size:	28877

56 MARIA PERREIRA et al. v. MICHAEL C. REDIGER t/a MCR HORTICULTURAL ENTERPRISES and THE PRESERVER INSURANCE COMPANY, as insurer for Michael C. Rediger t/a Horticultural Enterprises, -- rank: 434

... to workers' compensation benefits. That exception is obviously based upon N.J.S.A. 34:15-40, which effectively constitutes the total workers' compensation award as a ...

docket:	a4621-98
court:	njappellate
decided:	2000-04-25
status:	published
citation:
Document Size:	28347

57 JOHN HARTMAN v. ALLSTATE INSURANCE COMPANY, -- rank: 434

... App. Div. 1980), that the reference to "third person" in N.J.S.A. 34:15-40, quoted above, could be construed to include an uninsured motorist ... the result we reach, does foster the fundamental purpose of N.J.S.A. 34:15-40.     Having determined that Travelers' motion for summary judgment should have ...

docket:	A0055-00
court:	NJ Superior Court Appellate Division
decided:	2001-11-09
status:	published
citation:
Document Size:	16994

58 MARIA PERREIRA et al. v. MICHAEL C. REDIGER t/a MCR HORTICULTURAL ENTERPRISES and THE PRESERVER INSURANCE COMPANY, as insurer for Michael C. Rediger t/a Horticultural Enterprises, -- rank: 423

... to workers' compensation benefits. That exception is obviously based upon N.J.S.A. 34:15-40, which effectively constitutes the total workers' compensation award as a ...

docket:	a4281-98
court:	njappellate
decided:	2000-04-25
status:	published
citation:	330 N.J.Super. 455
Document Size:	28159

59 JOHN A. AMENDOLIA, III v. GREGORY J. REYES -- rank: 421

... once. This mirrors the WCA's bar against double recovery, N.J.S.A. 34:15-40, once an injured party is awarded benefits, which are the ...

docket:	a2485-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-25
status:	unpublished
citation:
Document Size:	26830

60 ERIC G. HANISKO v. BILLY CASPER GOLF MANAGEMENT INC. -- rank: 421

... liability action was properly venued in Superior Court pursuant to N.J.S.A. 34:15-40. We have considered these points in light of the record ...

docket:	a5053-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-08
status:	published
citation:	437 N.J.Super. 349 98 A.3d 1192
Document Size:	41028