Opinion
Submitted May Term, 1934.
Decided September 27th, 1934.
Chapter 279, laws of 1931, indicates a legislative purpose to grant the employer's insurer the right of reimbursement for compensation paid to the injured employe, under the provisions of the Compensation act, where a third party is liable for the injuries so suffered by the employe and recovery from the tort feasor is effected.
On appeal from a decree of the court of chancery, whose opinion is reported in 115 N.J. Eq. 380.
Mr. George F. Losche and Mr. Louis A. Mounier, Jr., for the appellant. Mr. Maurice J. McKeown, for the respondent Indemnity Insurance Company of North America.
We discern in chapter 279 of the laws of 1931 ( P.L. 1931 p. 704), which, inter alia, amended section 23 (f) of the Workmen's Compensation act ( P.L. 1911 p. 134; P.L. 1919 pp. 201, 211), a legislative purpose to grant to the employer's insurer the right of reimbursement for compensation paid to the injured employe, under the provisions of the Compensation act, where a third party is liable for the injuries so suffered by the employe, and recovery from the tort feasor is effected. It results that the decree should be affirmed.
Decree affirmed.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 13.
For reversal — DONGES, J. 1.