Bello v. Comm'r, Dept. of Labor and Indus

In Bello v. Comm'r, Dept. of Labor and Indus., 56 N.J. 41, 264 A.2d 222 (1970), the Supreme Court construed this statutory language. The Court considered whether the Two Percent Fund was entitled to reimbursement and credit out of a third party recovery by an injured worker. Id. at 43, 264 A.2d 222. Part of the damages in the third party recovery were for pain and suffering. The Supreme Court held that the Two Percent Fund was not limited to items which were identified as being compensable. Id. at 50, 264 A.2d 222. Rather, the lien should attach to the entire recovery. Id. at 50-51, 264 A.2d 222. The Court reasoned that the Legislature intended that the reimbursement be drawn from the entire third party recovery because of the use of the term "in any amount." Id. at 47, 264 A.2d 222. Otherwise, the Court concluded, the Legislature would have used more limiting language in describing the type of recovery to which a lien would attach. Ibid.