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LAUREANO v. N.J. TRANSIT BUS OPERATIONS, INC.

220 N.J. Super. 295 (1987)

531 A.2d 1361

JORGE LAUREANO, PLAINTIFF-APPELLANT, v. NEW JERSEY TRANSIT BUS OPERATIONS, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 9, 1987.

Attorney(s) appearing for the Case

Richard H. Wildstein argued the cause for appellant (Goldstein, Ballen, O'Rourke & Wildstein, attorneys; James E. Humphreys on the brief).

John M. Capasso, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; John M. Capasso on the brief).

Before Judges J.H. COLEMAN and HAVEY.

The opinion of the court was delivered by J.H. COLEMAN, P.J.A.D.

The question raised in this appeal is whether an employer is entitled to be reimbursed for its workers' compensation lien when the employee collects less than the full amount of common-law damages from a third-party tortfeasor. The judge below answered in the affirmative and granted summary judgment. We now affirm.

The salient facts are undisputed. On May 15, 1979 plaintiff was employed by defendant...

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