In Roberts v. All Am. Eng'g Co., 104 N.J. Super. 1, 9, 248 A.2d 280 (App.Div.1968), certif. denied, 53 N.J. 351, 250 A.2d 753 (1969), the decedent had received workers' compensation benefits from his employer for an injury sustained on the job. Id. at 4, 248 A.2d 280. He also recovered a settlement from a third party tortfeasor. Id. at 5, 248 A.2d 280. The employer's lien was paid from the third party recovery. Ibid. Several years later, after decedent's death as a result of a worsening of the work-related injury, his widow and children sought dependency benefits from the employer pursuant to N.J.S.A. 34:15-13. Ibid. The employer asserted full discharge from liability to the widow because the decedent's third party recovery exceeded the dependency benefits. Id. at 5-6, 248 A.2d 280. The Court held that because the widow had no legal rights in the fund created by her husband's individual third party action, the employer had no right to be subrogated to this fund for reimbursement of the dependency benefits. Id. at 9, 248 A.2d 280. The employer's lien was limited to the benefits paid to the decedent in his claim petition. Ibid.