McDERMOTT v. STANDARD ACCIDENT INS. CO.


40 N.J. Super. 119 (1956)

122 A.2d 371

PATRICK McDERMOTT, PLAINTIFF-APPELLANT, v. STANDARD ACCIDENT INSURANCE COMPANY, ETC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1956.


Attorney(s) appearing for the Case

Mr. Hubert J. Franklin argued the cause for the appellant.

Mr. Arthur J. Blake argued the cause for the respondent (Messrs. Emory, Langan & Lamb, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by FRANCIS, J.A.D.

Plaintiff, Patrick McDermott, received workmen's compensation benefits from the defendant, Standard Accident Insurance Company, his employer's insurance carrier. Subsequently he obtained a settlement for his injuries in a law action brought against certain third persons. The full amount of the compensation was then repaid to defendant under N.J.S.A. 34:15-40. Later, Standard refused to recognize the...

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