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CHARNECKY v. AMERICAN RELIANCE INS. CO.

249 N.J. Super. 91 (1991)

592 A.2d 17

RONALD CHARNECKY, PLAINTIFF-APPELLANT, v. AMERICAN RELIANCE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1991.

Attorney(s) appearing for the Case

Frank P. Lucianna argued the cause for appellant (Lucianna & Lucianna, attorneys; Diane M. Lucianna of counsel; Diane M. Lucianna and Athan M. Mergus, on the brief).

Gregory D. Winter argued the cause for respondent (Felzenberg, Winter & Winkler, attorneys; Gregory D. Winter on the brief).

Before Judges GAULKIN, HAVEY and SKILLMAN.

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

The issue raised by this appeal is whether a workers' compensation lien attaches to the proceeds of an uninsured motorist (UM) recovery where the UM proceeds, together with the compensation payments, are assertedly less than the full amount of plaintiff's loss. In Midland Ins. Co. v. Colatrella, 102 N.J. 612, 617, 510 A.2d 30 (1986)...

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