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BELLO v. COMM'R OF DEPT. OF LABOR AND INDUSTRY

56 N.J. 41 (1970)

264 A.2d 222

JAMES A. BELLO, PETITIONER-RESPONDENT, v. COMMISSIONER OF THE DEPARTMENT OF LABOR AND INDUSTRY, AS TRUSTEE OF THE TWO PER CENT FUND, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 20, 1970.

Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellant (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Seymour B. Jacobs argued the cause for respondent (Messrs. Balk, Jacobs, Goldberger & Mandell, attorneys).

The opinion of the court was delivered by HANEMAN, J.

This case concerns the question whether, where an employee obtains a cash settlement from a third-party tort-feasor in release of the latter's liability for the employee's injury which also gave rise to workmen's compensation liability, such funds should be employed as reimbursement to the Two Per Cent Fund (Fund), N.J.S.A. 34:15-94, for payments made under N.J.S.A. 34:15-95.

Bello filed a...

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