Midland Insurance v. Colatrella

The Court today construes the plain language of N.J.S.A. 34:15-40 to permit a workers’ compensation lien to attach to the proceeds of an uninsured motorist policy purchased by the injured employee. I disagree and dissent for substantially the reasons set forth by Judge Shebell in Pullen v. Travelers Ins. Co., 206 N.J.Super. 227 (App.Div.1985).1 I would only add the following to his well-reasoned opinion.

The history of N.J.S.A. 34:15-40 was accurately traced by the court in Danesi v. American Mfrs. Mut. Ins. Co., 189 N.J.Super. 160, 162-63 (App.Div.), certif. denied, 94 N.J. 544 (1983):

The…