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 Results for ("N.J.S.A. 34:15-8")   16 to 30 of 224 results. Run time: 0.913 seconds | Search time: 0.906 seconds    
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16 SYLVIA MELANIA TEJADA DE TAPIA VS. 74 INDUSTRIES, INC., ET AL. -- rank: 865
... exclusive remedy under circumstances such as those alleged.'). More particularly, N.J.S.A. 34:15-8 provides that the WCA is the exclusive remedy for claims ... are within the exception to the workers' compensation bar under N.J.S.A. 34:15-8. In count one, titled 'Intentional Wrong against 74 Industries,' alleged ... petition filed in workers' compensation court, which by definition under N.J.S.A. 34:15-8 cannot and did not include claims for intentional wrongs such ... any and all intentional wrongs within the exception allowed by N.J.S.A 34:15-8 including but not limited to bodily injury caused or aggravated ... considered whether the exclusion covered all 'intentional wrongs' contemplated in N.J.S.A. 34:15-8. 380 N.J. Super. 193 (App. Div. 2005). Previously 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 ...
docket: a2643-21
court: appellate
decided: 2024-07-10
status: Unpublished
citation:
Document Size: 46420
17 Mull v. Zeta Consumer Products -- rank: 859
... majority of the Court. This appeal considers whether, pursuant to N.J.S.A. 34:15-8, plaintiff is entitled to pursue a common-law remedy for ... rising to the level of an intentional wrong, pursuant to N.J.S.A. 34:15-8. The Appellate Division summarily reversed the trial court's decision ... common-law suit. Under the intentional wrong exception, pursuant to N.J.S.A. 34:15-8, the worker may pursue a common-law remedy in the ... for an employer to lose the cloak of immunity of N.J.S.A. 34:15-8. CHIEF JUSTICE PORITZ and JUSTICES COLEMAN, LONG and LaVECCHIA join ... injuries that have resulted from the employer’s “intentional wrong.” N.J.S.A. 34:15-8. Under that exception, the worker may pursue a common-law ... be insulated from common-law suit.” Id. at 606 (quoting N.J.S.A. 34:15-8).     In Laidlow , the employee had “suffered a serious and ...
docket: a-3-02
court: njsupreme
decided: 2003-05-22
status:
citation: 176 N.J. 385
Document Size: 40549
18 Barbara Basil, etc. v. Frank A. Wolf, et al. -- rank: 835
... which renders the workers compensation remedy an exclusive one. As N.J.S.A. 34:15-8 explains, [s]uch agreement [under Section 7] shall be a ... the person injured.” 165 N.J. at 64 (quoting N.J.S.A. 34:15-8). Here, Wolf clearly was not a co-employee of Basil ...
docket: a-110-06
court:
decided: 2007-12-11
status:
citation: 193 N.J. 38
Document Size: 172332
19 /usr/local/share/www/libweb/collections/courts/appellate/a2315-17.opn.html -- rank: 814
... including, but not limited to, the exclusivity provisions stated under N.J.S.A. 34:15-8. On December 8, 2017, defendants filed a motion for summary ... surrender of his or her rights is provided for in N.J.S.A. 34:15- 8, which states the following: Such agreement shall be a surrender ...
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court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 33665
20 /usr/local/share/www/libweb/collections/courts/appellate/a2035-17.opn.html -- rank: 810
... the WCA and his claims against Wengerter are barred under N.J.S.A. 34:15-8 ('If an injury . . . is compensable under this article, a person ... conduct was not an 'intentional wrong,' within the meaning of N.J.S.A. 34:15-8. The court found there was no genuine dispute that Wengerter ... s acts constituted an intentional wrong within the meaning of N.J.S.A. 34:15-8.1 II. We review the trial court's decision granting ... WCA applies where an employee is injured by a coworker. N.J.S.A. 34:15-8. In McDaniel, we described the three-part test to determine ... an employee is injured by the coworker's 'intentional wrong.' N.J.S.A. 34:15-8. Having carefully reviewed Johns's arguments in light of the ... of the WCA. An employee commits an 'intentional wrong' under N.J.S.A. 34:15-8 when he acts with 'substantial certainty' that harm will ...
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court: NJ Superior Court Law/Chancery Division
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citation:
Document Size: 19001
21 JOSEPH PECK, JR. v. NEWARK MORNING LEDGER COMPANY -- rank: 807
... Co., 108 N.J.L. 121 (E & A 1931). Moreover, N.J.S.A. 34:15-8, provides that Article II coverage requires "an acceptance of all ...
docket: a5750-99
court: njappellate
decided: 2001-10-05
status: published
citation: 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169 344 N.J. Super. 169
Document Size: 46035
22 BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS TRUSTEE v. LOUIS R. DELGADO and ANN DELGADO, husband et al. -- rank: 807
... Co., 108 N.J.L. 121 (E & A 1931). Moreover, N.J.S.A. 34:15-8, provides that Article II coverage requires "an acceptance of all ...
docket: A0716-00
court: NJ Superior Court Appellate Division
decided: 2001-10-09
status: published
citation:
Document Size: 51418
23 Charles Beseler Company v. O'Gorman & Young, Inc. -- rank: 786
... 5. exclusion and `intentional wrong" in the exception created in N.J.S.A . 34:15-8 in respect of the exclusivity of the workers' compensation remedy ... latter was the equivalent of the "intentional wrong" contemplated by N.J.S.A . 34:15-8. Beseler filed a declaratory judgment action with the trial court ... for exception to the surrender of common-law remedies under N.J.S.A . 34:15-8 was broader than the C.5. exclusion from employer-liability ... by the exclusive remedy provision in the Workers' Compensation Act, N.J.S.A. 34:15-8, Homar asserts that Beseler committed an intentional wrong; specifically that ... 5. exclusion and "intentional wrong" in the exception created in N.J.S.A. 34:15-8 regarding the exclusivity of the workers' compensation remedy, were co ... latter was the equivalent of the "intentional wrong" contemplated by N.J.S.A. 34:15-8. Beseler filed this declaratory judgment action seeking, among other ...
docket: a-75-05
court: New Jersey Supreme Court
decided: 2006-12-04
status:
citation:
Document Size: 71008
24 /usr/local/share/www/libweb/collections/courts/supreme/a-75-05.html -- rank: 783
... 5. exclusion and `intentional wrong" in the exception created in N.J.S.A . 34:15-8 in respect of the exclusivity of the workers' compensation remedy ... latter was the equivalent of the "intentional wrong" contemplated by N.J.S.A . 34:15-8. Beseler filed a declaratory judgment action with the trial court ... for exception to the surrender of common-law remedies under N.J.S.A . 34:15-8 was broader than the C.5. exclusion from employer-liability ... by the exclusive remedy provision in the Workers' Compensation Act, N.J.S.A. 34:15-8, Homar asserts that Beseler committed an intentional wrong; specifically that ... 5. exclusion and "intentional wrong" in the exception created in N.J.S.A. 34:15-8 regarding the exclusivity of the workers' compensation remedy, were co ... latter was the equivalent of the "intentional wrong" contemplated by N.J.S.A. 34:15-8. Beseler filed this declaratory judgment action seeking, among other ...
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25 /usr/local/share/www/libweb/collections/courts/appellate/a4439-11a4705-11a4713-11.opn.html -- rank: 783
... the exclusive remedy provision within the worker's compensation statute, N.J.S.A. 34:15-8, does not preclude a negligent employer's liability for contractual ... exclusive remedy provision of the Workers' Compensation Act ('the WCA'), N.J.S.A. 34:15-8. S&B also 17 A-4439-11T2 asserted a counterclaim ... of the bargain struck by the Legislature in the WCA, N.J.S.A. 34:15-8 directs that an employer may not be sued by an ... do not resolve here whether the exclusive remedy mandate of N.J.S.A. 34:15-8, or related case law disallowing common-law contribution claims against ...
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court: NJ Superior Court Law/Chancery Division
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26 /usr/local/share/www/libweb/collections/courts/supreme/a-75-05.doc.html -- rank: 783
... exclusion and ‘intentional wrong” in the exception created in N.J.S.A . 34:15-8 in respect of the exclusivity of the workers’ compensation remedy ... was the equivalent of the “intentional wrong” contemplated by N.J.S.A . 34:15-8. Beseler filed a declaratory judgment action with the trial court ... for exception to the surrender of common-law remedies under N.J.S.A . 34:15-8 was broader than the C.5. exclusion from employer-liability ... by the exclusive remedy provision in the Workers’ Compensation Act, N.J.S.A. 34:15-8, Homar asserts that Beseler committed an intentional wrong; specifically that ... exclusion and “intentional wrong” in the exception created in N.J.S.A. 34:15-8 regarding the exclusivity of the workers’ compensation remedy, were co ... was the equivalent of the “intentional wrong” contemplated by N.J.S.A. 34:15-8. Beseler filed this declaratory judgment action seeking, among other ...
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27 TONI LEE HIGH v. DANA ROSE -- rank: 777
... fellow-servant provision of the New Jersey Workers' Compensation Statute, N.J.S.A. 34:15-8. On November 6, 2009, the trial court entered an order ... the actual work day are in the course of employment).   N.J.S.A. 34:15-8 prohibits an injured employee who is entitled to recover under ... supra , 398 N.J. Super. at 91. For the statute N.J.S.A. 34:15-8 "to bar to a suit against a co-employee, three ... whether the tortfeasor is "in the same employ" and whether N.J.S.A. 34:15-8 is applicable it is "useful to consider whether, had [the ... compensation benefits." 356 N.J. Super. at 395. "The statute [ N.J.S.A. 34:15-8] is only applicable . . . if the two-prong test of N ... claim was barred by the fellow servant rule contained in N.J.S.A. 34:15-8 because both parties were still in the course of ...
docket: a2539-09
court: NJ Superior Court Appellate Division
decided: 2011-07-26
status: unpublished
citation:
Document Size: 26650
28 ARTHUR WILKINSON v. S.B. KING & SON INC. -- rank: 765
... it was barred by the workers' compensation exclusivity rule of N.J.S.A. 34:15-8. Plaintiff argued that the intentional act exception to the workers ... caused by intentional wrongdoing on the part of the employer. N.J.S.A. 34:15-8; Millison v. E. I. Du Pont de Nemours & Co. , 101 ... as the person injured or killed, except for intentional wrong. [ N.J.S.A. 34:15-8.] Because the Act contemplates that as many work-related injury ... An employer will lose the cloak of immunity afforded by N.J.S.A. 34:15-8 if two conditions are satisfied: (1) the employer must know ... the standard for an intentional wrong within the meaning of N.J.S.A. 34:15-8. Laidlow , supra , 170 N.J. at 622-23; Fisher v ...
docket: a3884-08
court: NJ Superior Court Appellate Division
decided: 2011-07-21
status: unpublished
citation:
Document Size: 114380
29 ARTHUR WILKINSON v. S.B. KING & SON INC. -- rank: 765
... it was barred by the workers' compensation exclusivity rule of N.J.S.A. 34:15-8. Plaintiff argued that the intentional act exception to the workers ... caused by intentional wrongdoing on the part of the employer. N.J.S.A. 34:15-8; Millison v. E. I. Du Pont de Nemours & Co. , 101 ... as the person injured or killed, except for intentional wrong. [ N.J.S.A. 34:15-8.] Because the Act contemplates that as many work-related injury ... An employer will lose the cloak of immunity afforded by N.J.S.A. 34:15-8 if two conditions are satisfied: (1) the employer must know ... the standard for an intentional wrong within the meaning of N.J.S.A. 34:15-8. Laidlow , supra , 170 N.J. at 622-23; Fisher v ...
docket: a3848-08
court: NJ Superior Court Appellate Division
decided: 2011-07-21
status: unpublished
citation:
Document Size: 114381
30 ROBERT FLICK v. PMA INSURANCE COMPANY, et al. -- rank: 753
... compensable under the Act. The exclusivity provision of the Act, N.J.S.A. 34:15-8, states: Such agreement shall be a surrender by the parties ... those conducting the employer's business during bankruptcy or insolvency. [ N.J.S.A. 34:15-8 (emphasis added).] Our courts have consistently enforced the Act's ... statute's narrow exception for intentional wrongs set forth at N.J.S.A. 34:15-8. See , e.g. , Tomeo v. Thomas Whitesell Constr. Co. , 176 ... it could have readily done so in the manner of N.J.S.A. 34:15-8. The legislative omission persuades us that the lawmakers intended the ...
docket: A0202-06
court: NJ Superior Court Appellate Division
decided: 2007-07-17
status: published
citation: 394 N.J. Super. 605 928 A.2d 54
Document Size: 61257
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