NJ Transit paid out a workers’ comp claim to one of its employees who was rear-ended. NJ 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. Justice Timpone of the NJ Supreme Court did not participate in the case, resulting in a 3-3 split and a per curium order affirming the Appellate Division.
