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Tillman v. Allstate Insurance Co.

Decided: November 18, 1977.

THOMAS TILLMAN AND CAROLE TILLMAN, HIS WIFE, PLAINTIFFS,
v.
ALLSTATE INSURANCE COMPANY, DEFENDANT



Lowengrub, J.s.c.

Lowengrub

[154 NJSuper Page 207] In this declaratory judgment action plaintiffs demand payment of personal injury protection benefits pursuant to N.J.S.A. 39:6A-4. Plaintiff Carole Tillman seeks payment of $247.80. Of that amount $212.80

is due to West Jersey Hospital for physical therapy treatments, as of March 8, 1976 and $35 to Dr. Eckbold, the treating physician, for an office visit on May 27, 1976. Further payment is sought on behalf of plaintiff Thomas Tillman for the total sum of $2,608 as follows:

West Jersey Hospital, in-patient care

5-2-76 to 5-13-76 $1731.10

West Jersey Anaesthesia Associates 112.00

Dr. Eckbold 5-2-76 to 7-29-76 balance due 290.00

Walter M. Schmidt, P.T., 4-24-76 to 6-17-76 165.00

West Jersey Hospital, P.T., bill dated 3-2-76 254.90

Richard Chidsey, M.D., consultation 5-12-76 55.00

The parties stipulated the following: all bills but the bill of Dr. Chidsey were submitted to defendant not later than September 10, 1976; at the time of the accident plaintiff Thomas Tillman was an income producer within the term of the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1 et seq. , and more specifically N.J.S.A. 39:6A-2(d); his earnings prior to the accident of December 6, 1975 were $226 a week plus overtime as earned; he did not work for a period of 25 weeks from the date of the accident and up until June 1, 1976; during the 25-week period he was paid the sum of $90.00 a week temporary disability benefits under N.J.S.A. 43:21-37 et seq.; for 20 of the 25 weeks defendant paid him the sum of $10 a week under the income continuation benefits provision of the automobile insurance policy issued to him by defendant; and plaintiff Carole Tillman, injured in the accident, was a member of his family residing in the household of Thomas Tillman.

The issues to be determined are twofold: one, the reasonableness of and necessity for the above medical bills for treatment of both plaintiffs, and second, whether the temporary disability benefit payments are to be credited against the income of plaintiff Thomas, as plaintiff alleges, or whether they are to be credited against ...


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