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DeLANE v. CITY OF NEWARK

778 A.2d 511 (2001)

343 N.J. Super. 225

Heidi DeLANE, Individually and as Administratrix of the Estate of Michael DeLANE, Plaintiff-Respondent/Cross-Appellant, and The Newark Firemen's Union, Plaintiff, v. The CITY OF NEWARK; Stanley Kossup and Bruce Paynter, Defendants-Appellants/Cross-Respondents, and Public Service Electric and Gas Company, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 24, 2001.

Attorney(s) appearing for the Case

Michelle Hollar-Gregory, Corporate Counsel, attorney for appellants/cross-respondents (Hugh Gallagher, Assistant Corporate Counsel, on the brief; Mr. Gallagher and Susan S. Singer, Assistant Corporation Counsel, on the reply brief).

Lowenstein Sandler and Wright, Pindulic & Hamelsky, attorneys for respondent/cross-appellant Heidi DeLane, as Administratrix of the Estate of Michael DeLane (Patrick J. Whalen and Kimberly Espinales, on the brief; Amy R. Bitterman, on the reply brief).

Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, attorneys for respondent Heidi DeLane, individually (Kevin Kovacs, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and FALL.

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

Three novel issues are presented in this appeal and cross appeal: (1) whether a workers' compensation lien, arising by operation of N.J.S.A. 34:15-40, attaches to the full amount of a wrongful death recovery from a third party or only to that portion of the recovery which is deemed "lost wages damages;" (2) whether the workers' compensation lien should...

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