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STABILE v. NEW JERSEY MFRS. INS. CO.

263 N.J. Super. 434 (1993)

623 A.2d 252

ANTHONY M. STABILE AND PATRICIA STABILE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1993.

Attorney(s) appearing for the Case

Richard M. Mandel argued the cause for appellants (O'Brien, Liotta & Mandel, attorneys; Mr. Mandel and Leslie A. Santora, on the brief).

Moira E. O'Connell argued the cause for respondents (McElroy, Deutsch & Mulvaney, attorneys; Ms. O'Connell, of counsel and on the brief; William E. Hinkes, on the brief).

Before Judges MICHELS, BAIME and WALLACE.

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

The novel issue presented is whether a workers' compensation lien attaches to the proceeds of underinsured motorist coverage (UIM) paid by an injured worker's personal automobile insurance carrier. We hold that the lien applies if and to the extent those proceeds, together with the compensation benefits and the tortfeasor's insurance payment, exceed the full amount of the worker's damages.

I.

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