Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Wednesday, August 31, 2016

JENNIFER LAMBERT AND GARY LAMBERT VS. TRAVELERS INDEMNITY COMPANY OF AMERICA/PAUL REED VS. QUAL-LYNX AND TOWNSHIP OF MARLBORO AND MONMOUTH MUNICIPAL JOINT INSURANCE FUND/WILLIAM AGAR VS. QUAL-LYNX AND TOWNSHIP OF HAZLET AND MONMOUTH MUNICIPAL JOINT INSURANCE FUND A-1073-14T3


JENNIFER LAMBERT AND GARY LAMBERT VS. TRAVELERS INDEMNITY COMPANY OF AMERICA/PAUL REED VS. QUAL-LYNX AND TOWNSHIP OF MARLBORO AND MONMOUTH MUNICIPAL JOINT INSURANCE FUND/WILLIAM AGAR VS. QUAL-LYNX AND TOWNSHIP OF HAZLET AND MONMOUTH MUNICIPAL JOINT INSURANCE FUND A-1073-14T3/A-3040-14T1/A-3107-14T1(CONSOLIDATED)
page3image14192 page3image14352 page3image14512 page3image14672 page3image14832
In these consolidated appeals, we hold that when a worker is injured in the course of his or her employment in a motor vehicle accident and workers' compensation coverage is available, the right of the injured worker to pursue claims against a third-party tortfeasor and the right of the workers' compensation insurer to be reimbursed are governed by the Workers' Compensation Act, N.J.S.A. 34:15-1 to -142. Accordingly, the injured worker may recover medical expenses from a third-party tortfeasor, and N.J.S.A. 39:6A-12, which is part of the Automobile Insurance Cost Reduction Act, does not apply. The workers' compensation insurer, in turn, has the right to be reimbursed for the appropriate portion of the medical expenses it has already paid under Section 40 of the Workers' Compensation Act, N.J.S.A. 34:15-40.