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ORTEGA v. STATE

213 N.J. Super. 16 (1986)

516 A.2d 258

MIGUEL A. ORTEGA, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEFENDANT-APPELLANT. MIGUEL A. ORTEGA, PLAINTIFF-APPELLANT, v. MARIO VALDES, HOWARD M. SIMBOL, THE CITY OF PASSAIC AND PATRICIA TAMBURO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 1986.

Attorney(s) appearing for the Case

H. Edward Gabler, Deputy Attorney General, argued the cause for appellant State of New Jersey (W. Cary Edwards, Attorney General, attorney; Jerry Fischer, Deputy Attorney General, of counsel).

Charles A. Becker, Jr., argued the cause for appellant/respondent Miguel A. Ortega.

George O. Foster argued the cause for respondent Mario Valdes (Fiorello, Moraff, Foster & Corrado, attorneys).

Donald M. Garson argued the cause for respondent City of Passaic (Cohen, Markowitz & Garson, attorneys; Joseph Buttafuoco on the brief).

Before Judges FURMAN, SHEBELL and STERN.

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

On consolidated appeals the issue before us is the interplay as applied to the facts, of what are argued to be conflicting statutes, the Tort Claims Act, N.J.S.A. 59:9-2(e), which provides for the deduction of collateral source benefits from awards against public entities, and the Worker's Compensation Act, N.J.S.A. 34:15-40, which provides for the imposition of a worker's compensation lien in...

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