Search Rutgers Law Library N.J. Court Opinions

61 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

62 LUCIANO MORALES v. CHRISTOPHER S. SCHNEIDER -- rank: 667

... would be injured, and thereby overcoming the exclusive remedy provision, N.J.S.A. 34:15-8, in the Workers' Compensation Act (the Act), N.J.S ... granted summary judgment under the Act's exclusive remedy provision, N.J.S.A. 34:15-8. This appeal followed. II. Plaintiffs argue that the statute "was ... related injuries, except for claims based on an "intentional wrong." N.J.S.A. 34:15-8. "[A]n employer who causes the death or injury of ... thereby entitling a plaintiff to avoid the 'exclusivity' bar of N.J.S.A. 34:15-8[.]" Millison , supra , 101 N.J. at 176. There, the plaintiffs ...

docket:	a0862-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-16
status:	unpublished
citation:
Document Size:	27487

63 JUNE CHALMERS v. STEPHEN J. SWARTZ M.D. -- rank: 664

... summary judgment, citing the bar of the Workers' Compensation Act, N.J.S.A. 34:15-8. The trial judge initially denied the motion, primarily because the ... an employee from filing a negligence lawsuit against her employer. N.J.S.A. 34:15-8. "[T]he term 'employee' . . . is to be defined liberally in ...

docket:	a1472-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-08
status:	unpublished
citation:
Document Size:	36058

64 JOSEPH MCNULTY, et al. v. DOVER MUNICIPAL UTILITIES AUTHORITY, et al. -- rank: 664

... that plaintiff's claims against his employer were barred under N.J.S.A. 34:15-8 which provides, If an injury or death is compensable under ... phrase has been interpreted in our jurisprudence. We disagree. Under N.J.S.A. 34:15-8, an employee may receive workers' compensation for any injury incurred ... injury was caused by the employer's "intentional wrong." Ibid. ; N.J.S.A. 34:15-8. In Laidlow , the Court considered the issue of "intentional wrong ... of summary judgment based upon the statutory bar contained in N.J.S.A. 34:15-8, the Court began by reviewing its prior decision in Millison ... 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:	a6763-04
court:	njappellate
decided:	2007-01-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61270

65 CHARLES BESELER COMPANY v. O'GORMAN & YOUNG, INC., et al. -- rank: 664

... a common-law action "except for intentional wrong[s]." See N.J.S.A. 34:15-8. N.J.S.A. 34:15-8 excepts from the waiver any act or omission which can ... injured by the intentional wrongdoing of a co-worker, see N.J.S.A. 34:15-8, or the injured employee is a minor, N.J.S ...

docket:	a5163-03
court:	njappellate
decided:	2005-09-09
status:	published
citation:	380 N.J. Super. 193
Document Size:	57797

66 Mark R. Krzykalski v. David T. Tindall -- rank: 658

... under a provision of the New Jersey Workers’ Compensation Act, N.J.S.A. 34:15-8. Id. at 102-03. The appellate panel properly held that ...

docket:	a_55_16
court:	NJ Supreme Court
decided:	2018-04-17
status:
citation:
Document Size:	48446

67 ANNABELLE CRIPPEN, et al. v. CENTRAL JERSEY CONCRETE PIPE COMPANY, et al. -- rank: 655

... Safety and Health Administration (OSHA) constitutes an intentional wrong under N.J.S.A. 34:15-8, such that plaintiff may bring an action in tort for ... count one, arguing that plaintiff's claim was barred under N.J.S.A. 34:15-8. Plaintiff further argued that the matter was not ripe for ... implement the confined space or lockout/tag-out plans. II.      N.J.S.A. 34:15-8 provides that the compensation provisions of the Workmen's Compensation ... change the conclusion that plaintiff's claims are barred under N.J.S.A. 34:15-8. The motion judge thus properly granted summary judgment dismissing count ...

docket:	a6128-99
court:	njappellate
decided:	2002-04-19
status:	published
citation:	342 N.J. Super. 65
Document Size:	27294

68 MARY K. KIBLER and DAVID KIBLER, her husband v. ROXBURY BOARD OF EDUCATION, et al. -- rank: 649

... court was delivered by SABATINO, J.A.D. Pursuant to N.J.S.A. 34:15-8, the Legislature has prescribed that workers compensation is the sole ... compensation, was in the Division of Workers' Compensation pursuant to N.J.S.A. 34:15-8. Defendants further argued that their actions and inactions did not ... snow blower did not meet the "intentional wrong" exception of N.J.S.A. 34:15-8, where the snow blower still had warning labels that adequately ... 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:	a4358-05
court:	njappellate
decided:	2007-04-11
status:	published
citation:	392 N.J. Super. 45
Document Size:	58829

69 THE ESTATE OF DOUGLAS VAN VALEN v. BOROUGH OF ORADELL, DEPARTMENT OF PUBLIC WORKS OF ORADELL -- rank: 649

... the exclusive remedy provision of the Worker's Compensation Act, N.J.S.A. 34:15-8, and that the estate had not asserted facts sufficient to ... OF DEFENDANTS' FLAGRANT NONFEASANCE AS AN INTENTIONAL WRONG EXCEPTION TO N.J.S.A. 34:15-8. POINT III. THE TRIAL COURT ERRED BY NOT PERMITTING AN ... plaintiff's claim was barred by the Workers' Compensation Act, N.J.S.A. 34:15-8, and would have been subject to eventual dismissal on the ... The record does not support an intentional wrong exception under N.J.S.A. 34:15-8, and plaintiff's reliance on Crippen v. Central Jersey Concrete ...

docket:	a5943-07
court:	njappellate
decided:	2009-03-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	36679

70 /usr/local/share/www/libweb/collections/courts/appellate/a4687-12xx.opn.html -- rank: 649

... asserting various affirmative defenses, including the workers' compensation bar under N.J.S.A. 34:15-8. Defendant thereafter moved for summary judgment arguing that plaintiff's ... intentional misconduct, must be dismissed because it was barred by N.J.S.A. 34:15-8. After the motion was filed, plaintiff's then-counsel asked ... Division action then moved to dismiss citing the bar under N.J.S.A. 34:15-8. Id. at 513-14. The court held that the plaintiff ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34562

71 ANTHONY GAROFALO v. EAST WHITEHOUSE FIRE DEPARTMENT -- rank: 649

... asserting various affirmative defenses, including the workers' compensation bar under N.J.S.A. 34:15-8. Defendant thereafter moved for summary judgment arguing that plaintiff's ... intentional misconduct, must be dismissed because it was barred by N.J.S.A. 34:15-8. After the motion was filed, plaintiff's then-counsel asked ... Division action then moved to dismiss citing the bar under N.J.S.A. 34:15-8. Id. at 513-14. The court held that the plaintiff ...

docket:	a3649-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	35393

72 Schmidt v. Smith -- rank: 643

... intentional wrongs committed by the employer or the fellow employees. N.J.S.A. 34:15-8. In order to assure that this statutory remedy given in ... by reason of the negligence of his or her master." N.J.S.A. 34:15-8 and -10. Exclusion C7 in the employers liability section disclaims ...

docket:	a-24-97
court:	njsupreme
decided:	1998-06-15
status:
citation:	155 N.J. 44
Document Size:	32064

73 MARGARET ALLEN v. MB MUTUAL HOLDING COMPANY -- rank: 643

... wrong, an exception to the Act's exclusive remedy provision. N.J.S.A. 34:15-8. Plaintiff also alleged fraudulent concealment and negligence. She filed an ... a claim defendants had committed an intentional wrong pursuant to N.J.S.A. 34:15-8. The judge stated: A-0242-18T2 6 Based on the ... Co., Inc., 170 N.J. 602, 611 (2002) (referring to N.J.S.A. 34:15-8 as 'the so-called exclusive remedy provision'). [Caraballo v. City ...

docket:	a0242-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-06
status:	Unpublished
citation:
Document Size:	29381

74 JOHN MADKIFF, III v. FRAZIER-SIMPLEX, INC -- rank: 640

... Zeta Consumer Prods. , 176 N.J. 385 , 387 (2003) (quoting N.J.S.A. 34:15-8). 3 If an employee can demonstrate an "intentional wrong" by ... 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 ... judgment was still warranted for the reasons that follow. 3 N.J.S.A. 34:15-8 provides that an agreement to accept the compensation article of ...

docket:	a1328-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	30109

75 DANIEL PANCKERI v. ALLENTOWN POLICE DEPARTMENT -- rank: 637

... the exclusivity provision of the Worker's Compensation Act (WCA), N.J.S.A. 34:15-8, which precludes a person 'in the same employ as' the ...

docket:	a2015-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-02
status:	Unpublished
citation:
Document Size:	23444