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MEDICAL DIAGNOSTIC v. HAWRYLUK

722 A.2d 122 (1998)

MEDICAL DIAGNOSTIC ASSOCIATES, Plaintiff-Appellant, v. Paul HAWRYLUK, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Steven Stadtmauer, West Orange, for plaintiff-appellant (Warren K. Stadtmauer, attorney, Clifton; Steven Stadtmauer, on the brief).

Dennis M. Baptista, Elizabeth, for defendant-respondent (Franz, Baptista & Garea, attorneys; John J. Sharkey, on the brief).

Before Judges STERN, BRAITHWAITE and WECKER.

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

The issue presented is whether a provider of medical services should be able to maintain an action at common law for unpaid services when a defendant has a claim pending in the Division of Workers' Compensation (the "Division") and asserts that the unpaid medical services were incurred in connection with injuries compensable under the Workers' Compensation Act, N.J.S.A. 34:15-1 to -128 (the "Act...

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