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AETNA CAS. & SUR. CO. v. PARA MFG. CO.

176 N.J. Super. 532 (1980)

424 A.2d 423

AETNA CASUALTY & SURETY COMPANY, AS P I P CARRIER FOR WILMA PAVUK, PETITIONER-APPELLANT, v. PARA MANUFACTURING COMPANY, RESPONDENT-APPELLEE.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1980.

Attorney(s) appearing for the Case

Kenneth J. Doukas, Jr. argued the cause for the appellant (Hoagland, Longo, Oropollo & Moran, attorneys; Kenneth J. Doukas, Jr. on the brief).

Dennis F. Carey, III argued the cause for respondent (Dwyer, Connell & Lisbona, attorneys; Alfred A. Arnold on the brief).

Before Judges BISCHOFF, MILMED and FRANCIS.

PER CURIAM.

The question on this appeal is whether a PIP carrier can institute a workers' compensation proceeding as a means of enforcing its statutory right to deduct collectible workers' compensation benefits from PIP benefits. The question was answered in the affirmative in Solimano v. Consolidated Mut. Ins. Co., 146 N.J.Super. 393 (Law Div. 1977). However, in Wagner v. Transamerica Ins. Co.,

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