The 2012 amendments to the Workers’ Compensation Law sought to bring clarity to the scope of co-employee liability for work injuries. The exclusivity provision of the law now provides: “…every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of …
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Appellate Division Provides Clarity: Medical Expenses are Recoverable by Workers’ Compensation Carriers under Section 40
The Appellate Division issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the Workers’ Compensation Act, N.J.S.A. 34:15-40. The decision, Lambert v. Travelers Indemnity Co. of America, No. A-1073-14T3, __ N.J. Super. __, __ (App. Div. 2016), offers welcome clarity concerning reimbursement of medical payments under Section 40.
Following the unpublished 2013 decision of Dever v. …
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