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MONTEDORO v. CITY OF ASBURY PARK

174 N.J. Super. 305 (1980)

416 A.2d 433

ANTHONY MONTEDORO, PETITIONER-RESPONDENT, v. CITY OF ASBURY PARK, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1980.

Attorney(s) appearing for the Case

Gerard D. Rotella argued the cause for appellant (Cunneen and O'Gorman, attorneys; Gerard D. Rotella, on the brief).

Raymond P. Shebell argued the cause for respondent (Shebell & Schibell, attorneys; Raymond P. Shebell, on the brief).

Before Judges ALLCORN, MORGAN and FRANCIS.

The opinion of the court was delivered by MORGAN, J.A.D.

In this appeal we must decide whether a worker's compensation lien, provided for by N.J.S.A. 34:15-40, attaches to the proceeds of an uninsured motorist's policy. The judge of compensation rejected the employer's carrier's lien claim. The employer appeals.

The relevant facts are not in dispute. The petitioner, a patrolman employed by appellant Asbury Park, was injured in a work-related automobile...

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