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GREENE v. AIG CAS. CO.

Docket No. A-6278-11T4

77 A.3d 515 (2013)

433 N.J. Super. 59

Kelly GREENE, Petitioner-Respondent, v. AIG CASUALTY COMPANY, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 2013.

Attorney(s) appearing for the Case

John H. Geaney argued the cause for appellant (Capehart & Scatchard, P.A., attorneys; Mr. Geaney and Ian G. Zolty , Mt. Laurel , on the briefs).

John J. Jasieniecki argued the cause for respondent (Green, Jasieniecki & Riordan, LLC, attorneys; Mr. Jasieniecki , Florham Park, of counsel and on the brief).

Before Judges GRALL, KOBLITZ and ACCURSO.

The opinion of the court was delivered by

ACCURSO, J.A.D.

The question presented by this appeal is whether respondent AIG Casualty Company (AIG), which paid workers' compensation benefits to petitioner Kelly Greene, is entitled to a lien against her settlement with a third-party tortfeasor pursuant to Section 40 of the Workers' Compensation Act, N.J.S.A. 34:15-40, even though her injury was ultimately noncompensable. The workers' compensation judge...

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