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OWENS v. C & R WASTE MATERIAL

76 N.J. 584 (1978)

388 A.2d 977

ROBERT OWENS, PETITIONER-RESPONDENT, v. C & R WASTE MATERIAL, RESPONDENT-APPELLANT. RITA MAE LEE, PETITIONER-RESPONDENT, v. SCOZZARI CONSTRUCTION, INC., RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Mr. George J. Kenny argued the cause for appellants (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Ms. Ruth Rabstein argued the cause for respondents (Messrs. Pellettieri and Rabstein, attorneys).

The opinion of the court was delivered by SULLIVAN, J.

These worker's compensation cases, consolidated on appeal, involve basically the single issue of how the employer's (or carrier's) obligation under N.J.S.A. 34:15-40, for its pro rata share of the attorney's fee in a third-party tort recovery is satisfied.

N.J.S.A. 34:15-40, a section of the Worker's Compensation Act, deals with the situation where there is a third-party tort recovery for...

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