Talmadge v. Burn, 062216 NJWC, A-3160-14

Case DateJune 22, 2016
CourtNew Jersey
TINA L. TALMADGE, Plaintiff-Appellant,
v.
CONNIE S. BURN and ALVAN A. BURN, Defendants,
and
THE HARTFORD, Defendant/Intervenor-Respondent.
No. A-3160-14
New Jersey Workers Compensation
Superior Court of New Jersey Appellate Division
June 22, 2016
         NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION          On appeal from Superior Court of New Jersey, Law Division, Sussex County, Docket No. L-401-13.           Phillip C. Wiskow argued the cause for appellant (Gelman, Gelman, Wiskow & McCarthy, LLC, attorneys; Mr. Wiskow, of counsel and on the brief).           David R. Kunz argued the cause for respondent (Kunz & Germick, attorneys; Mr. Kunz, on the brief).           Before Judges Lihotz, Fasciale and Higbee.           OPINION           LIHOTZ, P.J.A.D.          Plaintiff Tina Talmadge appeals from a January 29, 2015 order denying her motion to declare the medical benefits portion of a workers' compensation lien unenforceable. The Hartford, the workers' compensation carrier for plaintiff's employer, intervened in this matter seeking reimbursement from any recovery the defendant tortfeasor paid to plaintiff, as authorized by N.J.S.A. 34:15-40 (section 40) of the Workers' compensation Act (the Act), N.J.S.A. 34:15-1 to -142. On appeal, plaintiff argues because benefits that could have been paid through plaintiff's personal injury protection (PIP) provisions of her automobile liability policy are not recoverable from the tortfeasor, a section 40 workers' compensation lien for payment of similar costs should be denied. We disagree and affirm.          The facts are not disputed. Plaintiff, while working for her employer, Child and Family Services, Inc., was driving her personal automobile when involved in an auto accident caused by defendant Connie Burns. As a result of the accident, plaintiff underwent an anterior cervical fusion. The Hartford, as the workers' compensation carrier for plaintiff's employer, paid plaintiff over $127,000 in medical, wage, and indemnity benefits.          Plaintiff filed a complaint and ultimately settled her claims against Burns in...

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