CP# 1990-49642(2010). MICHAEL COLLINS, Petitioner v. P.I.E. NATIONWIDE / NEW JERSEY SELF INSURERS GUARANTY ASSOCIATION Respondent.

• Court: New Jersey

New Jersey Workers Compensation 2011. CP# 1990-49642(2010). MICHAEL COLLINS, Petitioner v. P.I.E. NATIONWIDE / NEW JERSEY SELF INSURERS GUARANTY ASSOCIATION Respondent CP# 1990-49642 Collins v. P.I.E. Nationwide/New Jersey Self Insurers Guaranty AssociationNEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS'COMPENSATION HACKENSACK, BERGEN COUNTY DISTRICTMICHAEL COLLINS, Petitioner v. P.I.E. NATIONWIDE / NEW JERSEY SELF INSURERS GUARANTY ASSOCIATION Respondent CLAIM PETITION NO. 1990-49642DECISION ON MOTION BEFORE: HONORABLE PHILIP A. TORNETTA JUDGE OF COMPENSATION APPEARANCES: FLORIO and KENNY BY: EDWARD J. FLORIO, ESQ. ATTORNEY FOR PETITIONER BIANCAMANO and Di STEFANO BY: MATTHEW GITTERMAN, ESQ. ATTORNEY FOR RESPONDENTIntroduction This matter comes before the court by way of Notice of Motion of the respondent, P.I.E. Nationwide ( "P.I.E.") / New Jersey Self Insurers Guaranty Association ( "Association") , both collectively hereinafter referred to as "respondent", for an order dismissing the Application for Review or Modification of Formal Award ("Application for Review ") of petitioner, Michael Collins, ( "petitioner"). Petitioner filed his Application for Review in or about May 24, 1994 seeking a review of an Order Approving Settlement entered on May 21, 1992 in which petitioner was awarded 60% of partial permanent disability of the statutory left arm for residuals of ulnar neuropathy and degenerative changes. On December 31, 2001, petitioner filed a verified petition to join the Second Injury Fund. On November 17, 2009, respondent filed a motion to dismiss the Application for Review pursuant to the provisions of N.J.S.A. 34:15-120.19a. Petitioner filed an opposition to the motion on February 16, 2010. Oral argument was held on April 20, 2011. Both parties have submitted to the court briefs in support of their respective positions. Facts It has been stipulated by the parties that petitioner suffered a compensable accident arising out of and in the course of his employment by P.I.E. on December 1, 1989. On October 16, 1990, P.I.E. filed for bankruptcy protection. It was further stipulated that payment of the May 21, 1992 award of compensation was made to petitioner. However, the parties disagree as to whether the security deposit previously paid by P.I.E. to the New Jersey...