WARNIG v. ATLANTIC CTY. SPEC. SERV.


833 A.2d 1098 (2003)

363 N.J. Super. 563

Dana M. WARNIG, Petitioner-Respondent, v. ATLANTIC COUNTY SPECIAL SERVICES, Respondent-Respondent, and Prudential Property & Casualty Insurance Company, Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2003.


Attorney(s) appearing for the Case

John J. Jasieniecki, Florham Park, argued the cause for intervenor-appellant (Thomas H. Green, attorney; Mr. Jasieniecki, of counsel and on the brief).

Craig R. Fishman argued the cause for petitioner-respondent (Kotlikoff, Littlefield & Fishman, attorneys; Mr. Fishman, on the brief).

William P. Freeman, Haddonfield, argued the cause for respondent-respondent (Freeman, Barton, Huber & Sacks, attorneys; David A. Sacks, on the brief).

Before Judges KING, BRAITHWAITE and LISA.


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

The issue presented in this appeal is whether an insurer who pays benefits to its insured pursuant to the extended medical expense benefit ("Med-Pay") may be reimbursed for this payment in a workers' compensation proceeding pursuant to N.J.S.A. 39:6A-6. The Judge of Compensation held that the insurer could not be reimbursed because the statute did not apply to Med-Pay benefits. We agree and affirm...

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