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RASO v. ROSS STEEL ERECTORS, INC.

725 A.2d 690 (1999)

319 N.J. Super. 373

James R. RASO, Petitioner-Appellant, v. ROSS STEEL ERECTORS, INC., Respondent-Respondent. James R. Raso, Individually and on behalf of all other Workers Compensation Lien Payees similarly situated, Plaintiff-Appellant, v. Harleysville Insurance Company of New Jersey, a Workers Compensation Line Payee, Harleysville Mutual Insurance Company, Huron Insurance Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1999.

Attorney(s) appearing for the Case

David H. Weinstein (Weinstein Kitchenoff Scarlato & Goldman) of the Pennsylvania bar, admitted pro hac vice, Philadelphia, PA, for petitioner-appellant (Westmoreland, Vesper & Schwartz, West Atlantic City and Mr. Weinstein, attorneys; R.C. Westmoreland and Robert S. Kitchenoff, Philadelphia, PA, on the brief).

Lance J. Kalik, Morristown, for defendant-respondent Harleysville Insurance Companies (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; James S. Rothschild, Jr., of counsel; Mr. Kalik and Beth Ann Stemmler, on the brief).

Before Judges LONG, WEFING and CARCHMAN.

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

These appeals require us to determine whether expenses incurred by a workers compensation carrier for the services of a rehabilitative nurse are recoverable under N.J.S.A. 34:15-40 (Section 40) as medical expenses. We conclude that such expenses are so recoverable if the carrier demonstrates that such expenses are necessary to provide "medical, surgical and other treatment... as shall be necessary to...

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