Search Rutgers Law Library N.J. Court Opinions

1 New Jersey Transit Corporation v. Sandra Sanchez -- rank: 1000

... the accident, defendants Sandra Sanchez and Chad Smith, pursuant to N.J.S.A. 34:15-40, a provision of the Workers’ Compensation Act that authorizes employers ... complaint seeking to “recoup workers’ compensation benefits pursuant to N.J.S.A. 34:15-40(f).” Defendants pled as an affirmative defense that New ... an accident arising from an injured workers’ employment, and that N.J.S.A. 34:15-40 “gives the workers’ compensation carrier an absolute right to ... action have been recovered, the tort recovery is primary” under N.J.S.A. 34:15-40. Id. at 111. The Appellate Division therefore concluded that the ... that necessitated those benefits were caused by a third party, N.J.S.A. 34:15-40, which limits the employer’s or carrier’s right of ... plaintiff New Jersey Transit Corporation (New Jersey Transit) pursuant to N.J.S.A. 34:15-40, a provision of the Workers’ Compensation Act that authorizes ...

docket:	a-68-18
court:	NJ Supreme Court
decided:	2020-05-12
status:
citation:
Document Size:	108237

2 FRAZIER V. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 945

... the Court. ����The issue on appeal is whether, pursuant to N.J.S.A. 34:15-40 (section 40), a workers' compensation lien attaches to the proceeds ... a supersedeas bond. HELD : ����A workers' compensation lien, pursuant to N.J.S.A. 34:15-40, attaches to the proceeds of a legal malpractice action brought ... failed to institute an action against a third-party tortfeasor. N.J.S.A. 34:15-40 imposes a lien on third-party recoveries that are the ... that for purposes of the workers' compensation lien authorized by N.J.S.A. 34:15-40, an employee's malpractice recovery from the lawyer that negligently ... at 622 (Stein, J., dissenting), if the lien authorized by N.J.S.A. 34:15-40 is to apply to an employee's recovery of uninsured ...

docket:	a-3-95
court:	njsupreme
decided:	1995-12-04
status:
citation:	142 N.J. 590
Document Size:	57994

3 KELLY GREENE v. AIG CASUALTY COMPANY -- rank: 881

... tortfeasor pursuant to Section 40 of the Workers' Compensation Act, N.J.S.A. 34:15-40, even though her injury was ultimately noncompensable. The workers' compensation ... or if the accident is not compensable, no credit under N.J.S.A. 34:15-40 is due. As such, Respondent cannot pick and choose which ... to reimburse the employer from the proceeds of any recovery. N.J.S.A. 34:15-40; Pool v. Morristown Mem'l Hosp. , 400 N.J. Super ... nor be regarded as establishing a measure of damage therein," N.J.S.A. 34:15-40 (emphasis added), as evidencing the Legislature's intent "that the ...

docket:	a6278-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-16
status:	published
citation:	433 N.J.Super. 59 77 A.3d 515
Document Size:	33663

4 Mary Richter v. Oakland Board of Education -- rank: 788

... WCA provides a workers’ compensation lien for an employer under N.J.S.A. 34:15-40. The Appellate Division reviewed that provision’s operation and instructed ... compensation award paid to Richter. The court held that, under N.J.S.A. 34:15-40(b) (Section 40), the employer would be entitled only to ... argue that the Appellate Division erred in its application of N.J.S.A. 34:15-40(b). They contend that if Richter’s failure-to- 30 ... the Appellate Division’s interpretation of the proper application of N.J.S.A. 34:15-40(b) in these circumstances. 3. As for the original amici ... compensation lien for an employer through operation of Section 40, N.J.S.A. 34:15-40. The Appellate Division reviewed that provision’s operation and instructed ...

docket:	a-23-19
court:	NJ Supreme Court
decided:	2021-06-08
status:
citation:
Document Size:	97020

5 INAAM ELHELOU v. LIPINSKI OUTDOOR SERVICES -- rank: 785

... any settlement you may make with [Elhelou] as provided under N.J.S.A. 34:15-40 of Workers['] Compensation Law. As the compensation carrier of CVS ... The judge described the case as a "subrogation action" under N.J.S.A. 34:15-40(f). After summarizing the salient facts and noting the Shebell ... 40 lien rights of his client, CVS, that arose under N.J.S.A. 34:15-40." The judge held that N.J.S.A. 34:15-40(f) permitted the subrogation action and provided that settlement of ... 199 N.J. 14 , 34 (2009). Our courts have interpreted N.J.S.A. 34:15-40(f) to confer a statutory right of subrogation on the ... 75 N.J. 460 (1978). Thus, to the extent that N.J.S.A. 34:15-40(f) grants an employer or compensation carrier a right ...

docket:	a4731-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-03-11
status:	Published
citation:
Document Size:	45604

6 MARIE T. PINO v. JOSE R. POLANCO -- rank: 780

... was untimely under the ninety-day deadline set forth in N.J.S.A. 34:15-40(f). That subsection, which is codified within the workers' compensation ... or dependents in accordance with the provisions of this section. [ N.J.S.A. 34:15-40(f) (emphasis added).] The Hartford appeals, arguing that it is ... opposition, NJM argues that the trial court correctly found that N.J.S.A. 34:15-40(f) contains no such 'knowledge' predicate. NJM also contends that ... stated in the prefatory language appearing before the statutory subsections, N.J.S.A. 34:15-40 provides several mechanisms for workers' compensation carriers and employers to ... a sum equal to or above the compensation benefits received, N.J.S.A. 34:15-40(b), and, alternatively, a sum less than those paid benefits, N.J.S.A. 34:15-40(c). The statute 7 A-5027-15T4 further prescribes ...

docket:	a5027-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-22
status:	unpublished
citation:
Document Size:	45317

7 GREATER NEW YORK MUTUAL INSURANCE COMPANY v. CALCAGNO & ASSOCIATES, LLC -- rank: 764

... 55 to satisfy plaintiff's workers' compensation lien pursuant to N.J.S.A. 34:15-40. We affirm. Phillips suffered a work-related injury and filed ... workers' compensation benefits, which created a statutory lien pursuant to N.J.S.A. 34:15-40. The parties have stipulated that after statutory reductions for a ... demanded payment of the $4,251.70 balance, stating that N.J.S.A. 34:15-40 only permits a deduction of $750 for expenses of suit ... and written opinion, Judge Wertheimer denied the motion, holding that N.J.S.A. 34:15-40 was "clear on its face" and limited the amount of ... by statute." Defendants filed a motion for reconsideration, arguing that N.J.S.A. 34:15-40 does not prohibit a deduction for actual costs of suit ... and written opinion, Judge Wertheimer denied the motion, holding that N.J.S.A. 34:15-40, not N.J.S.A. 2A:13-5, applies, ...

docket:	a0900-11
court:	NJ Superior Court Appellate Division
decided:	2012-09-20
status:	unpublished
citation:
Document Size:	17701

8 JOSE MOREIRA and ROSA GOMES v. CARLOS PEIXOTO -- rank: 759

... involves the enforcement of a workers' compensation lien pursuant to N.J.S.A. 34:15-40 against settlement proceeds obtained by plaintiff/fourth-party defendant Jose ... a workers' compensation lien against Moreira's settlement pursuant to N.J.S.A. 34:15-40(b), which provides as follows in pertinent part: Where a ... not an employee. The judge determined that under those circumstances, N.J.S.A. 34:15-40(b) applied when Moreira entered into the settlement agreement. The ... cannot assert a lien against his settlement proceeds pursuant to N.J.S.A. 34:15-40(b) because he was not an employee of Macedos. He ... from pursuing a lien claim. We disagree with these contentions. N.J.S.A. 34:15-40(b) "imposes a lien in favor of the workers' compensation ... the] employee's expenses of suit and attorney's fees[.]" N.J.S.A. 34:15-40(b). "The underlying purpose of N.J.S.A. ...

docket:	a5741-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-10
status:	Published
citation:
Document Size:	29557

9 PAOLO MARANO v. CLIFFORD J. SCHOB, M.D. -- rank: 757

... Div. 2008), we held that a workers' compensation lien under N.J.S.A. 34:15-40 attached to funds that an injured plaintiff received from a ... judge noted that a key purpose of the lien statute, N.J.S.A. 34:15-40(b), is to prevent double recovery by injured workers. Citing ... or his dependents can take action against the third party. N.J.S.A. 34:15-40. If the employee or his dependents are successful in obtaining ... a portion of that recovery. This right is provided in N.J.S.A. 34:15-40, in pertinent part, as follows: 2 At oral argument on ... expenses of suit and attorney's fee as hereinafter defined. [ N.J.S.A. 34:15-40(b) (emphasis added).] The general intent of the statute is ... that the right of recovery of a compensation lien under N.J.S.A. 34:15-40 encompassed payments paid to injured workers pursuant to the ...

docket:	a3915-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-20
status:	published
citation:	455 N.J.Super. 283 189 A.3d 368
Document Size:	47513

10 DANIEL PANCKERI v. ALLENTOWN POLICE DEPARTMENT -- rank: 744

... Allentown asserted a lien against Panckeri's tort settlement under N.J.S.A. 34:15-40 (Section 40), which provides, in relevant part: Where a third ... and costs not to exceed $750.' Id. at 426 (quoting N.J.S.A. 34:15-40(b) and (e)). Reviewing our decision in Richter through the ... greater than the liability of the employer' under the WCA. N.J.S.A. 34:15-40(b). Subsection (e) of Section 40 defines both the 'expenses ... sums in excess thereof, this percentage shall not be binding. [N.J.S.A. 34:15-40(e).] The limitation on the definition of 'expenses of suit ...

docket:	a2015-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-02
status:	Unpublished
citation:
Document Size:	23444

11 NEW JERSEY TRANSIT CORPORATION v. SANDRA SANCHEZ -- rank: 731

... liable for reimbursement of the workers' compensation benefits pursuant to N.J.S.A. 34:15-40(f) (Section 40) of the Workers' Compensation Act (WCA), N ... 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 ... portion of the medical expenses it has already paid under N.J.S.A. 34:15-40 (Section 40). A-0761-17T3 15 [Ibid.] The Lambert panel ... independent right to seek reimbursement from the tortfeasor pursuant to N.J.S.A. 34:15-40(f). To be clear, Mercogliano's automotive insurer paid him ...

docket:	a0761-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-04
status:	Published
citation:	457 N.J.Super. 98 197 A.3d 1158
Document Size:	36055

12 N.J. and R.J. v. SAYREBROOK VETERINARY HOSPITAL, -- rank: 731

... may be liable for the worker's injury or death. N.J.S.A. 34:15-40. The WCA provides, however, that an employer or its insurance ... such employee's expenses of suit and attorney's fee. [ N.J.S.A. 34:15-40(b), (c).] The purpose of the reimbursement provided by N.J.S.A. 34:15-40 (the section 40 lien) is to ensure that a worker ... The 'double recovery' that the Legislature intended to prevent under [N.J.S.A. 34:15-40] is payment from two different sources for the same injury ... per quod claim is not subject to the lien under N.J.S.A. 34:15-40. Id. at 443-45. We also held that the plaintiffs ...

docket:	a5835-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-01
status:	Unpublished
citation:
Document Size:	31056

13 NICKEMEA WHITFIELD v. BONANNO REAL ESTATE GROUP -- rank: 723

... operate as a bar to the action of the employee." N.J.S.A. 34:15-40 (emphasis added). "The words 'third person' as used in this ... law. [ Lyon v. Barrett , 89 N.J. 294 , 305 (1982).] N.J.S.A. 34:15-40 also incorporates a series of provisions whereby the employer is ... Thereafter, she instituted a third party negligence action pursuant to N.J.S.A. 34:15-40 against [defendant] individually as landlord of the building. The issue ... the common law claim of an employee against third persons, [ N.J.S.A. ] 34:15-40." Ibid. The Court hypothesized that "[t]o sustain th[is ... to commence a common law suit against a third person, N.J.S.A. 34:15-40. Absent the out-of-state cases from New Hampshire, Nevada ... entirely consistent with the plain language of the WCA. See N.J.S.A. 34:15-40 ("where a third person is liable to the employee . . . ...

docket:	a2830-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-12
status:	published
citation:	419 N.J. Super. 547 17 A.3d 855
Document Size:	68642

14 MARY RICHTER v. OAKLAND BOARD OF EDUCATION -- rank: 720

... it paid in her workers' compensation claim in accordance with N.J.S.A. 34:15-40 (section 40). I Richter, a Type I Diabetic, is employed ... carrier for A-0102-17T2 28 compensation payments already made. N.J.S.A. 34:15-40. Thus if the trier-of-fact determines that du Pont ... expenses of suit and attorney's fee as hereinafter defined. [ N.J.S.A. 34:15-40 (b).] Therefore, if the award recovered by Richter is 'equivalent ... third for counsel fees and costs not to exceed $750. N.J.S.A. 34:15-40 (b) and (e). A-0102-17T2 31 Finally, we reject ...

docket:	a0102-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-11
status:	Published
citation:	459 N.J.Super. 400 211 A.3d 1226
Document Size:	58004

15 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:	a4689-98
court:	njappellate
decided:	1999-06-30
status:	published
citation:	322 N.J.Super. 568
Document Size:	30419