Tag: third party claim
Appellate Division Rules That Claimants in Certain Circumstances Do Not Have to Reimburse an Employer’s Lien From a Third Party Recovery Until the End of the Workers’ Compensation Case
The unreported case of New Jersey Transit Corp. v. Joseph, No. A-1194-22 (App. Div. March 19, 2024) has thrown a wrench into the common understanding of when to resolve third party liens in New Jersey. The facts that are supplied in the case are not detailed. Darshelle Joseph was injured on October 23, 2019, during […]
Appellate Division Resolves Long-Standing Dispute on Lien Formula With High Third Party Settlements
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 […]
Carrier Which Failed To Provide 10-Day Statutory Notice Letter Was Permitted To Bring Suit
New Jersey employers know that they have a right to subrogate against the party who caused injury to their employee to recover workers’ compensation benefits paid, but they must wait one year before taking any action. After one year, if the injured worker has not pursued a third party action, the employer must make a […]
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