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AETNA LIFE & CAS. v. ENGARD ESTATE

218 N.J. Super. 239 (1986)

527 A.2d 497

AETNA LIFE AND CASUALTY, PLAINTIFF, v. ESTATE OF DAVID ENGARD, JOSEPH D. KAPLAN AND SON, NEIL M. REDNOR, MASSEY-FERGUSON, INC., ABC CORPORATION (A FICTITIOUS DEFENDANT), JOHN DOE (A FICTITIOUS DEFENDANT) AND XYZ CORPORATION (A FICTITIOUS DEFENDANT), DEFENDANTS.

Superior Court of New Jersey, Law Division Morris County.

October 24, 1986.

Attorney(s) appearing for the Case

Robert C. Spiess for plaintiff (Piro, Zinna, Cifelli & Paris, attorneys).

Jerem M. Gordon, for defendants Kaplan & Son and Rednor (Joseph D. Kaplan & Son, attorneys; Lionel A. Kaplan on the brief).

Philip W. Crawford for defendant Massey-Ferguson, Inc. (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys).

OPINION

MacKENZIE, J.S.C.

On a motion for summary judgment, this Court is presented with a novel question of statutory construction involving the Workers' Compensation Act, N.J.S.A. 34:15-1, et seq. The issue is whether a workers' compensation insurance carrier that paid a lump-sum settlement pursuant to N.J.S.A. 34:15-20 should be reimbursed pursuant to N.J.S.A. 34:15-40 from the proceeds of a third-party tort recovery. Consideration...

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