NJ Transit v. Sanchez


Per N̲J̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲v̲.̲ ̲S̲a̲n̲c̲h̲e̲z̲, the NJ Appellate Division just ruled that AICRA (Verbal Statute) does not bar a workers’ compensation subrogation claim against the tortfeasor where the injuries do NOT meet the verbal threshold. The holding was that the Workers’ Compensation Act (WCA) is not trumped by AICRA. Thus, the workers’ compensation carrier was entitled to reimbursement from the tortfeasor even though the injured employee could not recover meds or lost wages from his own auto carrier or non-economic damages from the tortfeasor (because of the verbal defense and here it was stipulated that the verbal threshold was NOT met).

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