Liberty Mutual Insurance o/b/o Sabert Corp. v. Rodriguez, 458 N.J. Super. 515 (App. Div. 2019), certif. denied, __ N.J. __ (July 11, 2019)

Client: Liberty Mutual

Court: Appellate Division

Trial Attorney:  Betsy G. Ramos, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Arising out of an injury in 2012, Mr. Rodriguez received workers’ compensation benefits, including medical and temporary disability benefits, paid by Liberty Mutual. He then went on to sue the tortfeasor and settled his third party suit for over $1 million. The question now was how to calculate Liberty Mutual’s lien and the attorney’s fees that must be reimbursed to the petitioner’s attorney:  was the lien two thirds based upon the sliding scale contingent fee agreement or higher than that percentage based upon an average of the actual attorneys fees paid?

The trial court ruled in Liberty Mutual’s favor, holding that the reimbursable attorneys fees should be the actual fees paid. In a published decision, the Appellate Division affirmed. While the petitioner tried to appeal further to the Supreme Court, the Court denied the petitioner’s Petition for Certification, making the Appellate Division decision final.

Additional information about the case may be found on our Workers’ Compensation blog by clicking here:  https://njworkerscompblog.com/appellate-division-resolves-long-standing-dispute-on-lien-formula-with-high-third-party-settlements/

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