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FRAZIER v. NEW JERSEY MFRS. INS. CO.

276 N.J. Super. 84 (1994)

647 A.2d 472

CHRISTOPHER FRAZIER, PLAINTIFF-RESPONDENT, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, AN INSURANCE COMPANY LICENSED IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT. CHRISTOPHER FRAZIER, PETITIONER-RESPONDENT, v. AUTOTRON ELECTRIC, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 1994.

Attorney(s) appearing for the Case

Moira E. O'Connell, argued the cause for appellant, New Jersey Manufacturers Insurance Company (McElroy, Deutsch & Mulvaney, attorneys; Moira E. O'Connell, of counsel, and on the brief).

Hilton L. Stein, argued the cause for respondent, Christopher Frazier (Hilton L. Stein, attorney; Leonard A. Giusti, and Mr. Stein, on the brief).

Before Judge SHEBELL, SKILLMAN and WALLACE.

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

In this case we revisit the issue of whether a workers' compensation lien attaches to the proceeds of a legal malpractice action brought to recover damages from the attorney who failed to properly prosecute a third party action against the tortfeasor responsible for the worker's injury. Notwithstanding the earlier decision of this court in Wausau Ins. Cos. v. Fuentes, 215 N.J.Super...

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