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Liens and Subrogation – Kuhnel v. CNA Ins. Cos.

July 7, 2008
By John H. Geaney

In Kuhnel v. CNA Ins. Cos., 322 N.J. Super. 568 (App. Div. 1999), certif. denied, 163 N.J. 12, cert. denied, 531 U.S. 819 (2000) the Appellate Division held that a lien under N.J.S.A. 34:15-40 shall not include expenses for rehabilitation nursing services as a medical cost unless respondent can prove that the services primarily benefited the employee and were reasonably necessary to the employee’s recovery. One case in which rehabilitation nursing services were considered to be medical services and therefore lienable is Raso v. Ross Steel Erectors, 319 N.J. Super. 373 (App. Div.), certif. denied, 161 N.J. 148 (1999). This case contains a helpful discussion of the requirements of N.J.S.A. 34:15-15.

About the Author:

John H. Geaney

Co-Chair, Workers’ Compensation Practice

Mr. Geaney’s practice involves representation of employers, self-insured companies, third party administrators, and insurance carriers in workers’ compensation, the Americans with Disabilities Act, and Family and Medical Leave Act. He also conducts training sessions on workers’ compensation, ADA, and FMLA issues.

Mr. Geaney authors the New Jersey Workers’ Compensation Blog, which was named a LexisNexis Top Blog for Workers’ Compensation and Workplace Issues for 2016, and John H. Geaney’s New Jersey Workers’ Compensation Manual for Attorneys, Physicians, Adjusters, and Employers.

A frequent seminar moderator and presenter, Mr. Geaney travels the State of New Jersey extensively, speaking on a diverse range of topics spanning the breadth of workers’ compensation law.  John also served as the Mayor of Voorhees Township, New Jersey in 1991.

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