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)
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.
