Fiore v. Trident Construction Co.

The opinion, of the court was delivered by

PRESSLER, P.J.A.D.

When an employer is relieved of its obligation to pay workers’ compensation benefits by reason of the injured employee’s recovery of damages from a responsible third-party, N.J.S.A. 34:15-40(b) requires the employer to contribute to the expenses of suit and attorneys’ fees incurred by the employee in obtaining that recovery. The question raised by this appeal is whether the employer’s contribution constitutes compensation payments against which it is entitled, under N.J.S.A. 34:15-95.5, to offset the employee’s federal social…