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Tag: subrogation

Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

By on December 5, 2017 in Claims with 0 Comments
Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

New Jersey law has very strict procedures for workers’ compensation carriers to follow in subrogation, and failure to comply with those strict rules can mean loss of subrogation rights, as noted in Pino v. Polanco and New Jersey Manufacturers, A-5027-15T4 (App. Div. November 22, 2017). Ms. Pino was injured in a work-related car accident on […]

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Appellate Court Rules Employer Has Subrogation Rights in Three Key Cases

By on September 7, 2016 in Court Rulings with 0 Comments

Three cases were heard together in the New Jersey Appellate Division regarding the right of employers to obtain reimbursement under N.J.S.A. 34:15-40 in situations involving car accidents where medical treatment was potentially recoverable under PIP.  The cases are Lambert v. Travelers Indemnity Company of America, Reed v. Qual-Lynx and Township of Marlboro, and Agar v. […]

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Workers’ Comp Lien Applies Even if PIP Benefits Are Not Recoverable Against Tortfeasor

By on August 16, 2016 in Controlling Costs with 0 Comments

On January 13, 2011, Paulette Dorflaufer was hit by a car while working as a part-time crossing guard for Livingston Township.  She filed a workers’ compensation claim and filed a negligence law suit against the tortfeasor.  She settled that case for $95,000 for pain and suffering.  PMA Management Corporation put plaintiff on notice of its […]

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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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