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DANESI v. AMERICAN MFRS. MUT. INS. CO.

189 N.J. Super. 160 (1983)

459 A.2d 686

ROSE DANESI AND RINALDO DANESI, PLAINTIFFS-RESPONDENTS, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Joseph J. Garvey argued the cause for appellant American Manufacturers Mutual Insurance Company (Lomell, Muccifori, Adler, Ravaschiere and Amabile, attorneys; Joseph J. Garvey on the brief).

Joseph L. Gijanto argued the cause for respondents (Shebell & Schibell, attorneys; Richard D. Schibell, of counsel; Sandra De Sarno Hlatky on the brief).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.

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

This appeal addresses the novel issue of whether an employer or its workers' compensation insurance carrier that has paid workers' compensation benefits pursuant to N.J.S.A. 34:15-8 et seq. is entitled to reimbursement from a recovery obtained from a third-party tortfeasor where the statutorily created lien has not been perfected pursuant to N.J.S.A. 34:15-40(d). Succinctly put, the...

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