CP# 2004-29233 (2008). TERRENCE JOHNSON Petitioner v. STATE OF NEW JERSEY Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2008. CP# 2004-29233 (2008). TERRENCE JOHNSON Petitioner v. STATE OF NEW JERSEY Respondent Johnson v. State of New JerseySTATE OF NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION MERCER COUNTYTERRENCE JOHNSON Petitioner v. STATE OF NEW JERSEY RespondentCLAIM PETITION No: 2004-29233DECISION ON MOTIONBEFORE HONORABLE EMILLE R. COX Judge of CompensationAppearances: STARK and STARK By: KEVIN M. BRADWAY, ESQ. For the PetitionerANNE MILGRAMATTORNEY GENERAL OF NEW JERSEYBy: STEPHANIE L. MEREDITHDEPUTY ATTORNEY GENERALFor the RespondentThis matter comes to the Court on a motion by Respondent State of New Jersey (Respondent herein) to determine its entitlement to subrogation against the proceeds recovered by Petitioner from the uninsured motorist coverage provided by his personal insurance policy. Respondent seeks to assert a lien pursuant to N.J.S.A. 34:15 - 40, commonly referred to as a Section 40 lien. Petitioner Terrance Johnson (Petitioner) and Respondent were engaged in settlement negotiations regarding Petitioner's claim which was filed with the Division. Those negotiations reached an impasse when Respondent raised the issue of its entitlement to reimbursement in accordance with N.J.S.A. 34:15 - 40. Petitioner is a Pennsylvania resident. His policy of insurance was issued in that jurisdiction. As previously stated, he was able to obtain benefits from the uninsured motorist coverage of that policy. For those reasons, Petitioner contends, Section 40 does not apply. The parties submitted briefs on that dispute. The matter was listed for conference or argument on the record on four separate occasions. Counsel for Petitioner did not appear at any of the scheduled conferences. After considering the arguments raised in the briefs, this Court ruled that Respondent can assert its Section 40 lien rights and, by Order dated January 29th 2008, set the reimbursement amount due at $17,646.67. While the matter was still pending before this Court, Petitioner filed a Notice of Appeal with the Superior Court, Appellate Division. The parties were able to address some issues at a conference in the Appellate Division Civil Appeals Settlement Program. The Settlement judge remanded the matter to this Court for the conclusion of settlement negotiations or a...