LIBERTY MUTUAL INSURANCE, ETC. VS. JOSE R. RODRIGUEZ (L-2564-17, MIDDLESEX COUNTY AND STATEWIDE) (A-0112-17T4)
In this appeal, the court held that reimbursement of a section 40 workers' compensation lien following a recovery in a third-party action should be based on the fee ratio calculated for the overall settlement and not the sliding contingent fee scale set forth in Rule 1:21-7. Our Supreme Court's holding in Caputo v. Best Foods, Inc., 17 N.J. 259 (1955) is still controlling law.
