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NOT FOR
PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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...