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RIVERA v. METROPOLITAN MAINTENANCE CO.

197 N.J. Super. 629 (1984)

485 A.2d 1076

JUAN RIVERA, PETITIONER-APPELLANT, v. METROPOLITAN MAINTENANCE CO. A/K/A YANKEE BUILDING MAINTENANCE, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1984.

Attorney(s) appearing for the Case

D'Alessandro, Sussman, Jacovino & Mahoney, attorneys for appellant (Edward G. D'Alessandro, of counsel; Brian E. Mahoney, on the brief).

Philip M. Lustbader & David Lustbader, attorneys for respondent (Stephen L. Hopkins, on the brief).

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.

The opinion of the court was delivered by MORTON I. GREENBERG, P.J.A.D.

The matter comes on before the court on appeal from an order of the Division of Workers' Compensation in a proceeding determining the payment due to respondent employer from a third-party recovery made by petitioner, respondent's totally and permanently disabled employee. Petitioner concedes that the value of the third-party recovery is almost certain to exceed respondent's potential liability...

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