Charnecky v. American Reliance Ins

In Charnecky v. American Reliance Ins., 249 N.J. Super. 91, 592 A.2d 17 (App.Div.1991) aff'd. o.b., 127 N.J. 188, 603 A.2d 512 (1992), the Court considered the question of whether a workers' compensation lien would attach not only to the negligence recovery against a third party but also to plaintiff's recovery from his own automobile carrier under uninsured motorist (UM) coverage. The plaintiff had been seriously injured in a work-related automobile accident, resulting in an award of workers' compensation benefits of $ 158,819.59. He settled his UM claim against his own carrier for the policy limit of $ 100,000. The workers' compensation carrier claimed the entire amount of the UM recovery by way of satisfaction of its lien, and plaintiff brought the declaratory judgment action then before us. The trial court ruled in favor of the compensation carrier, and we reversed. Charnecky, supra, 249 N.J. Super. at 93, 592 A.2d 17.