N.J. Admin. Code § 13:75-9.3
Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:75-9.3 - Subrogation/civil action recovery(a) If any victim or claimant institutes any civil law suit or other action as a result of the incident giving rise to his or her application for compensation, the Office shall be given written notification of any such action. After receiving notice of a civil or other collateral action, the Office may, in its discretion: 1. Join in the action as a party plaintiff to recover the compensation it has awarded;2. Reserve its rights until such time as the action has been completed; or3. Upon resolution adopted by the Review Board, waive its rights under this section.(b) The Office shall be entitled to be directly reimbursed for two-thirds of the amount awarded as compensation to the victim or claimant from the proceeds of any judgment or settlement of any civil or other collateral action.(c) If a victim or claimant brings a civil or other collateral action and recovers monies that the Office seeks as reimbursement for compensation awarded to the victim/claimant, the victim/claimant may deduct a pro rata share of the victim/claimant's attorney fees from compensation recovered.(d) If the Office, at its own discretion, commences an action against the person or persons responsible for the victim's injuries to recover monies compensated to a victim or claimant, the victim/claimant shall cooperate fully with the Office in pursuit of its action including, but not limited to, joining as a party to said action.(e) The Office may consider proceeds from a judgment, verdict, settlement, adjudication, any other resolution to a civil or collateral action, or other claim that purports to indicate, define, or specify that the proceeds, damages, or any other legal or economic loss classification or remedy, represents an item of loss not compensated by the Office, such as pain and suffering and property damage, as proceeds in defining money received from other sources. N.J. Admin. Code § 13:75-9.3