New Jersey Transit Corp. v. Sanchez

New Jersey Transit paid out a workers’ comp claim to one of its employees who was rear-ended by the defendant. New Jersey Transit then sought to recoup the benefits from the at-fault driver’s employer, as the at-fault driver had been working, as well. The trial court, however, held that New Jersey’s no-fault insurance scheme under the Auto Insurance Cost Recovery Act precluded a subrogation claim under the Workers’ Compensation Act. The Appellate Division reversed. The Justice Timpone did not participate in the case, leaving an 3-3 split and a per curium¬†order affirming the Appellate Division. Justice Patterson authored a concurring opinion and Justice Albin issued a dissenting opinion.

Opinion