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FIORE v. TRIDENT CONST. CO.

251 N.J. Super. 101 (1991)

597 A.2d 85

EDWARD FIORE, PETITIONER-APPELLANT, v. TRIDENT CONSTRUCTION COMPANY, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1991.

Attorney(s) appearing for the Case

Thomas R. Smith argued the cause for appellant (Pellettieri, Rabstein and Altman, attorneys).

Sandra E. Blutman argued the cause for respondent (Richard A. DeMichele, attorney).

Before Judges PRESSLER, SKILLMAN and D'ANNUNZIO.

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

When an employer is relieved of its obligation to pay workers' compensation benefits by reason of the injured employee's recovery of damages from a responsible third-party, N.J.S.A. 34:15-40(b) requires the employer to contribute to the expenses of suit and attorneys' fees incurred by the employee in obtaining that recovery. The question raised by this appeal is whether the employer's contribution...

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