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Tuesday, June 17, 2014

05/22/14 PARASCANDOLO VS. DEPARTMENT OF LABOR, BOARD OF REVIEW, BRICK TOWNSHIP BOARD OF EDUCATION AND VINNY'S KING PIZZA A-3209-11T1


05/22/14 PARASCANDOLO VS. DEPARTMENT OF LABOR, BOARD
OF REVIEW, BRICK TOWNSHIP BOARD OF EDUCATION AND
VINNY'S KING PIZZA
A-3209-11T1
       The appellant held two part-time jobs when she was temporarily disabled as a result of an injury at her employment  by the  Board of Education. She received temporary disability benefits (TDB) through her employment at her second employer, where both she and her employer contributed to the Temporary Disability Fund. Because the Board of Education was not a "covered" employer under the Temporary Disability Benefits Law (TDBL), N.J.S.A. 43:21-25 to -66, her TDB was calculated solely on the wages earned from the  second employer.  Nonetheless, because she received temporary workers compensation benefits from the Board of Education, the Board of Review asserted a lien against her TDB based upon the subrogation provision in N.J.A.C. 12:18-1.5, a regulation designed to implement our decision in In re Scott, 321 N.J. Super. 60 (App. Div. 1999), aff'd, 162 N.J. 571 (2000). After examining the interplay of the TDBL and the Workers Compensation Act when only one of two employers is a "covered employer" under the TDBL, we conclude that the Board relied upon an erroneous interpretation of its regulation; that the amount of TDB appellant received was a "full recovery" and not a "double recovery "of benefits and therefore, subrogation was inappropriate.