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SROCZYNSKI v. MILEK

933 A.2d 931 (2007)

396 N.J. Super. 248

Walter SROCZYNSKI, Petitioner-Respondent, v. John MILEK, t/a John Milek Construction, Respondent-Respondent, and New Jersey Manufacturers Insurance Company, Respondent-Appellant, and Uninsured Employers Fund, Respondent-Respondent, and Robert Wood Johnson University Hospital, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2007.

Attorney(s) appearing for the Case

Richard J. Williams, Jr. argued the cause for appellant New Jersey Manufacturers Insurance Company (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Michael J. Marone and Mr. Williams, Morristown, of counsel and on the brief.).

David Hoffman, New Brunswick, argued the cause for respondent Walter Sroczynski (Wysoker, Glassner, Weingartner, Gonzalez and Lockspeiser, attorneys; Mr. Hoffman, on the brief.).

William L. Boyan argued the cause for respondent Uninsured Employers Fund.

Donna Marie Montano argued the cause for intervenor-respondent Robert Wood Johnson University Hospital (Celentano, Stadtmauer & Walentowicz, attorneys; Steven Stadtmauer, on the brief.).

John Milek t/a John Milek Construction did not file a brief.

Before Judges WINKELSTEIN, FUENTES and BAXTER.

The opinion of the court was delivered by

BAXTER, J.A.D.

By leave granted, New Jersey Manufacturers Insurance Company (NJM) appeals from the December 7, 2006 order by a judge of compensation denying its motion to be dismissed as the workers' compensation carrier for John Milek Construction (Milek). The order specified that because NJM had not fully complied with the provisions of N.J.S.A. 34:15-81 when it provided notice to Milek of the cancellation...

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