Workers' Compensation: Workers' Compensation Lien Secures Damages

In a negligence action arising from a motor vehicle accident, the court found the defendants were 85% at fault, and the plaintiff, Antonio Lorenzo-Noda, was 15% at fault. The court determined that the plaintiff's negligence, at 15%, was less than the 51% threshold under the New Jersey Comparative Negligence Act, which allows him to recover damages.

The Workers' Compensation Law and Lien

The court concluded that the plaintiff did not prove his neck, back, and shoulder injuries were caused by the accident, but did establish that his torn left knee meniscus was. The plaintiff's damages included medical expenses for the knee injury, some of which were covered by his employer's workers' compensation insurance.

Workers' Compensation Lien: The total workers' compensation lien was in evidence, with the medical benefits portion amounting to $32,009.39. This lien represents the amount the workers' compensation carrier paid for the plaintiff's treatment, specifically for the treatment of the torn meniscus.
Proof of Damages: The court considered the medical benefits portion of the workers' compensation lien as sufficient proof of the expenses related to Dr. Gallick's treatment of the plaintiff's knee injury. The court used this amount to determine a portion of the plaintiff's total damages.

Key Takeaways

Proximate Cause: The plaintiff must establish that the defendant's negligence was the proximate cause of the injury. While the court concluded that the accident caused the plaintiff's knee injury, it found the plaintiff's expert testimony regarding his neck and back injuries to be unpersuasive and speculative.
Contributory Negligence: Under the New Jersey Comparative Negligence Act, a plaintiff can recover damages as long as their share of negligence is not greater than the defendant's. Since the plaintiff was 15% at fault, he was entitled to recover 85% of his proven damages.
Damages and Liens: The court calculated the total proven damages to be $75,657.39, which included $23,648 in out-of-pocket medical expenses, $32,009.39 for the knee treatment (based on the workers' compensation lien), and $20,000 for pain and suffering. The final award was $64,308.78, representing 85% of the total proven damages, which reflects the plaintiff's comparative negligence.
Expert Testimony: The credibility of expert testimony is crucial. The court found the opinion of Dr. Gallick, the plaintiff's treating physician, more persuasive than that of the defense's expert, Dr. Robbins, who had not treated patients in a decade. The court noted that Dr. Robbins's opinion lacked support and contradicted medical records.

Lorenzo-Noda v. Kazak, Civil Action No. 18-13414-AME (USCT-NJ 9/30/2025) 2025 WL 2779093 (Slip-Opinion, Not for Publication)

Recommended Citation: Gelman, Jon, Workers' Compensation Lien Secures Damages (10/01/2025) https://workers-compensation.blogspot.com/2025/10/workers-compensation-lien-secures.html