A Capehart Scatchard Blog

Tag: Liens

Appellate Division Resolves Long-Standing Dispute on Lien Formula With High Third Party Settlements

By on April 4, 2019 in Settlements with 0 Comments

After at least four decades of disagreement on lien reimbursement calculations in high third party settlements, the Appellate Division this week handed down a reported decision in Liberty Mutual Insurance o/b/o Sabert Corporation v. Jose R. Rodriguez, A-0112-17T4 (App. Div. April 2, 2019).  Betsy Ramos, Esq., co-chair of Capehart’s litigation department, successfully argued the cause […]

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The ERISA Lien – – A Federal “Partner” In State Workers’ Compensation Litigation

By on March 21, 2019 in Policy with 0 Comments

By:  Alfred Vitarelli, Esq., Shareholder, Stark & Stark If the workers’ compensation practitioner reading this otherwise dry blog finds his/her mind wandering to more exciting topics, let your mind focus on that ominous line from the 1987 classic “Fatal Attraction:” I will NOT be IGNORED!” No, I am not comparing the great acting of Glenn Close […]

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Workers’ Comp Lien Applies to Medical Payments That Could Have Been Paid Through Plaintiff’s PIP Carrier

Ever since the decision in Dever v. New Jersey Mfrs. Ins. Co., No. A-3102-11T2, (App. Div. Oct. 23, 2013), plaintiffs’ counsel have been arguing that respondents do not have a lien for medical bills paid in workers’ compensation from a work-related car accident where the plaintiff had PIP coverage.  But civil courts have not been […]

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Appellate Court Refines Rules on Workers’ Compensation Lien Rights

By on September 23, 2015 in Key Defenses with 0 Comments

The case of Jose Moreira v. Carlos Peixoto, et. al., A-5741-12T1 (App. Div. September 10, 2015) presents a complex tale of insurance fraud that ends with an important clarification about the lien rights of an employer and the potential challenges to lien calculations by employees. Jose Moreira was injured working privately on a house owned […]

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