Schweizer v. Elox Division of Colt Industries

The opinion of the court was delivered by

Conford, P. J. A. D.,

Temporarily Assigned. We are asked on this appeal to alter the construction of the employer-subrogation provisions of the Workmen’s Compensation Act (N. J. S. A. 34:15-40) from that consistently understood and practically applied in this State by those concerned therewith over the years.

The act provides, expressly and without qualification, that the employer or his compensation carrier is subrogated to the injured employee’s cause of action in tort against the third-party tortfeasor to the extent of compensation payments made by…