Search Rutgers Law Library N.J. Court Opinions

46 PROFORMANCE INSURANCE CO v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY -- rank: 713

... remedy bar of the Workers' Compensation Act. Ibid. ; see also N.J.S.A. 34:15-8 (providing a narrow exception permitting a common-law action for ... 602 , 613 (2002), which clarified that an intentional wrong under N.J.S.A. 34:15-8 included "'actions taken with a subjective desire to harm' as ... law, namely the "intentional wrong" exception to exclusivity contained in N.J.S.A. 34:15-8. Notably, the Court did not cite either Cumberland Mutual , decided ...

docket:	a0209-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-09
status:	Published
citation:	415 N.J. Super. 237 1 A.3d 784
Document Size:	60865

47 MARIE CONRAD v. NELIA J. ROBBI, TRENTON BOARD OF EDUCATION, et al. -- rank: 713

... not barred by fellow-servant doctrine which is codified at N.J.S.A. 34:15-8. Ordinarily, the Workers' Compensation Act provides the exclusive remedy for ... Danek v. Hommer , 9 N.J. 56 , 62 (1952). Indeed, N.J.S.A. 34:15-8 provides that:         Such agreement shall be a surrender by the ... as the person injured or killed, except for intentional wrong.         [ N.J.S.A. 34:15-8]     The purpose of the amendment was not so much to ...

docket:	A2619-99
court:	NJ Superior Court Appellate Division
decided:	2001-06-25
status:	published
citation:
Document Size:	47483

48 LUIS SUAREZ v. LEE INDUSTRIES -- rank: 701

... employer if the employer's conduct constituted an "intentional wrong." N.J.S.A. 34:15-8, an employee is not required to show that the employer ... employer's act to lose the cloak of immunity of N.J.S.A. 34:15-8[.]" Ibid. When evaluating whether a claimant has satisfied those two ...

docket:	a6436-05
court:	njappellate
decided:	2007-07-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	59070

49 LUIS SUAREZ v. LEE INDUSTRIES -- rank: 701

... employer if the employer's conduct constituted an "intentional wrong." N.J.S.A. 34:15-8, an employee is not required to show that the employer ... employer's act to lose the cloak of immunity of N.J.S.A. 34:15-8[.]" Ibid. When evaluating whether a claimant has satisfied those two ...

docket:	A0787-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-27
status:	unpublished
citation:
Document Size:	60019

50 JOSEPH DADURA, JR. et al. v. YUM! BRANDS, INC. -- rank: 698

... Rodriguez was convicted of third-degree aggravated assault, contrary to N.J.S.A. 34:15-8, which provides in pertinent part that "[i]f an injury ... against Walmart, Transco, and the McLane entities were barred by N.J.S.A. 34:15-8. The judge found that the workers' compensation bar applied to ... of the conduct that the Legislature intended to immunize under N.J.S.A. 34:15-8. The judge added that McLane Company, Transco, and Walmart had argued that they also were immune under N.J.S.A. 34:15-8 from liability for the claims asserted by plaintiffs. Plaintiffs had ... add the following brief comments. The workers' compensation bar in N.J.S.A. 34:15-8 generally precludes an employee from asserting a claim against his ... employer's actions constitute an "intentional wrong" for purposes of N.J.S.A. 34:15-8. A court must consider the employer's conduct as ...

docket:	a5134-06
court:	njappellate
decided:	2008-04-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38041

51 MARIE CONRAD v. NELIA J. ROBBI, TRENTON BOARD OF EDUCATION, et al. -- rank: 698

... not barred by fellow-servant doctrine which is codified at N.J.S.A. 34:15-8. Ordinarily, the Workers' Compensation Act provides the exclusive remedy for ... Danek v. Hommer , 9 N.J. 56 , 62 (1952). Indeed, N.J.S.A. 34:15-8 provides that:         Such agreement shall be a surrender by the ... as the person injured or killed, except for intentional wrong.         [ N.J.S.A. 34:15-8]     The purpose of the amendment was not so much to ...

docket:	a6752-99
court:	njappellate
decided:	2001-06-25
status:	published
citation:	*CITE_PENDING*
Document Size:	44321

52 TAWANNA FLOYD v. CAROL VON NEUDECK -- rank: 698

... plaintiff's claim is barred by the exclusive remedy provision, N.J.S.A. 34:15-8, of the Workers' Compensation Act ("the Act"), N.J.S ... several facts that are critical to the exclusivity analysis under N.J.S.A. 34:15-8. In particular, plaintiff has admitted that she and defendant are ... N.J. Super. at 339. If these conditions are met, N.J.S.A. 34:15-8 bars a negligence action by the injured worker against her ... the conduct producing the injury comprises an intentional wrong. 1 N.J.S.A. 34:15-8; see also McDaniel v. Man Wai Lee , 419 N.J ... 482, 491 (App. Div. 2011) (explaining that in order for N.J.S.A. 34:15-8 to bar "'a suit against a co-employee, three conditions ...

docket:	a3855-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-04
status:	unpublished
citation:
Document Size:	23472

53 DANIEL HERNANDEZ v. PORT LOGISTICS -- rank: 692

... and therefore his tort action against defendant was barred by N.J.S.A. 34:15-8, which provides that the employer is not liable to his ... cause of action falls within the "intentional wrong" exception in N.J.S.A. 34:15-8. Plaintiff also argues that, if an employment contract existed between ... her employer and co-employees, except for intentional wrongs.") (citing N.J.S.A. 34:15-8; Ramos v. Browning Ferris Indus. , 103 N.J. 177 , 183 ... result, plaintiff's tort claim against defendant was barred by N.J.S.A. 34:15-8. We also reject plaintiff's claim that defendant breached the ... a prima facie case that defendant committed an "intentional wrong." N.J.S.A. 34:15-8. The motion judge determined that while plaintiff's expert identified ... be hurt." We agree. An employer loses the immunity of N.J.S.A. 34:15-8, if two conditions are satisfied: (1) the employer must ...

docket:	a3558-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-30
status:	unpublished
citation:
Document Size:	22714

54 ESTATE OF OSCAR PORTILLO v. BEDNAR LANDSCAPING SERVICES, INC. -- rank: 692

... a third-party action under the Workers' Compensation Act (WCA), N.J.S.A. 34:15-8, we affirm the Law Division's grant of summary judgment ... close of discovery, Bednar Landscape moved for summary judgment, contending N.J.S.A. 34:15-8 barred plaintiffs' third-party claims because plaintiffs were collecting workers ... Assocs. Realty Corp., 210 N.J. 449, 459 (2012) (citing N.J.S.A. 34:15-8). However, an employee can overcome the statutory bar if he ... or she can satisfy the exception for an intentional wrong. N.J.S.A. 34:15-8 provides: If an injury or death is compensable under this ... a theory of 'willful ignorance' as a basis to overcome N.J.S.A. 34:15-8's bar to a civil action against an employer with ...

docket:	a3110-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-08
status:	Unpublished
citation:
Document Size:	48653

55 MARY RICHTER v. OAKLAND BOARD OF EDUCATION -- rank: 682

... as the person injured or killed, except for intentional wrong. [N.J.S.A. 34:15-8.] This exception was first construed by our Supreme Court in ... employer's act to lose the cloak of immunity of N.J.S.A. 34:15-8, two conditions must be satisfied: (1) the employer must know ...

docket:	a0102-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-11
status:	Published
citation:	459 N.J.Super. 400 211 A.3d 1226
Document Size:	58004

56 MICHAEL BROWER v. WIRTGEN GROUP -- rank: 682

... an intentional tort, and thereby overcame the exclusive remedy provision, N.J.S.A. 34:15-8, set forth within the Workers' Compensation Act, N.J.S ... applicable case law narrowly construing the intentional tort exception to N.J.S.A . 34:15-8, as most recently reaffirmed in the Supreme Court's unanimous ... employer's actions or inactions amount to an intentional wrong. N.J.S.A. 34:15-8. In Millison v. E.I. du Pont de Nemours & Co ... granted the employer's motion for summary judgment pursuant to N.J.S.A. 34:15-8. The judge found that, in the totality of the circumstances ...

docket:	a1225-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-26
status:	unpublished
citation:
Document Size:	25090

57 LEORA MABEE VS BORDEN, INC. ET ALS -- rank: 679

... exception to the exclusivity provision of the Workers' Compensation Act, N.J.S.A. 34:15-8, applied, thereby permitting plaintiff to sue Borden for her personal ... remedy was recovery under the Workers' Compensation Act, pursuant to N.J.S.A. 34:15-8. Plaintiff cross-moved, seeking a determination that Borden had committed ... 142 N.J. 520 , 540 (1995).     The Workers' Compensation Act, N.J.S.A. 34:15-8, provides:             Such agreement shall be a surrender by the parties ... benefits for work-related injuries, the "intentional wrong" exception under N.J.S.A. 34:15-8 must be interpreted very narrowly in order to further these ... determine what is an "intentional wrong" within the meaning of N.J.S.A. 34:15-8. Id. at 177. According to Prosser, the "common usage of ...

docket:	a1071-97
court:	njappellate
decided:	1998-06-02
status:	published
citation:	316 N.J.Super. 218
Document Size:	38414

58 KENNETH VAN DUNK, SR. v. RECKSON ASSOCIATES REALTY CORPORATION -- rank: 676

... the court erred in holding that an intentional wrong under N.J.S.A. 34:15-8 had not occurred." We reverse and remand for further proceedings ... that an "intentional wrong" had not occurred for purposes of N.J.S.A. 34:15-8. According to plaintiffs, James does not have immunity under the ... BASF Corp. , 140 N.J. 408 , 412-13 (1995). Moreover, N.J.S.A. 34:15-8 limits an employer's immunity to common law suits by ... whether an employer's conduct constituted an "intentional wrong" under N.J.S.A. 34:15-8. In that case, Rudolph Laidlow ("Laidlow") had "sustained a crush ... intentional deception of OSHA," amounted to an "intentional wrong" under N.J.S.A. 34:15-8. Id. at 399. Among other things, the defendant argued that ...

docket:	a3548-08
court:	superior court appellate division
decided:	2010-08-30
status:	published
citation:	415 N.J. Super. 490 2 A.3d 456
Document Size:	44625

59 Laidlow v. Hariton Machinery Co., Inc. -- rank: 673

... intentional wrong” will not be insulated from common-law suit. N.J.S.A. 34:15-8; Millison , supra , 101 N.J. at 169.     The described limitations ... thereby entitling a plaintiff to avoid the 'exclusivity' bar of N.J.S.A. 34:15-8?” Millison , supra , 101 N.J. at 176. That statute reads ... as the person injured or killed, except for intentional wrong. [ N.J.S.A. 34:15-8] That is the so-called exclusive remedy provision of the ... s grant of summary judgment to an employer based on N.J.S.A. 34:15-8 in connection with plaintiffs' claim that the employer knowingly exposed ... conduct equates with an “intentional wrong” within the meaning of N.J.S.A. 34:15-8 whenever that employer removes a guard or similar safety device ...

docket:	a-89-00
court:	njsupreme
decided:	2002-02-25
status:
citation:	170 N.J. 602
Document Size:	62935

60 EDWIN CONK v. FRIENDLY VILLAGE, LLC -- rank: 673

... claim is barred by the exclusive remedy provision contained in N.J.S.A. 34:15-8. We reverse. I. We discern the following facts and procedural ... of FV such that his tort claim was barred by N.J.S.A. 34:15-8. Following oral argument on September 16, 2010, the motion judge ... Luyando , 305 N.J. Super. 140 , 147 (App. Div. 1997); N.J.S.A. 34:15-8. "In exchange for receiving workers' compensation benefits, which are awarded ... certif. denied , 151 N.J. 77 (1997), we assumed that N.J.S.A. 34:15-8 immunity was not available to the corporate owner of premises ... FV is not necessarily barred by the immunity provided by N.J.S.A. 34:15-8. If the actual facts are essentially as we have outlined ...

docket:	a0723-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	25714