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The Appellate Division’s recent decision in N.J. Transit Corp. v. Sanchez, 457 N.J. Super. 98 (App. Div. 2018), addressed conflicting interpretations of law as to the subrogation rights of a workers’ compensation carrier against a motor vehicle accident tortfeasor who is protected under the Automobile Insurance Cost Reduction Act (AICRA). The Sanchez panel rejected the approach of Continental Ins. Co. v. McClelland, 288 N.J. Super. 185 (App. Div. 1996), and reaffirmed the holding in Lefkin v. Venturini, 229 N.J. Super. 1 (App. Div. 1988), which has been followed in subsequent decisions.
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