Greene v. AIG Casualty Company, A-6278-11T4; Appellate Division; opinion by Accurso, J.A.D.; decided and approved for publication October 16, 2013. Before Judges Grall, Koblitz and Accurso. On appeal from the Department of Labor, Division of Workers’ Compensation, Claim Petition No. 2009-24085. DDS No. 39-2-1652 [15 pp.]
The question presented by this appeal is whether respondent AIG Casualty Company, which paid workers’ compensation benefits to petitioner, is entitled to a lien against her settlement with a third-party tortfeasor pursuant to § 40 of the Workers’ Compensation Act, N.J.S.A. 34:15-40, even though her injury was ultimately noncompensable. The workers’ compensation judge determined that § 40 is inapplicable to a claim deemed not to be compensable.
