Pranks at work may be
considered “arising out of the course of employment” and compensable
events. Those same injuries are not considered intentional events and would not give rise to cause a civil action against an employer for damages for pain and suffering.
On April 1, 2019, “April
Fool’s Day,” the NJ Appellate Court decided the case of the exploding toilet. An
unexpecting firefighter was the target of prankster co-workers, who put a
compression triggered firecracker under a toilet seat. The injured firefighter
suffered second-degree burns on his scrotum and a contusion of his left
testicle when he sat down the compression triggered device exploded.
The trial court dismissed
action filed against the public entity employer for intentional tort. While the
plaintiff alleged that the public entity permitted such pranks among the
firefighters, the court reasoned that it did not arise to an “intentional wrong.”
“[U]nder Millison,
in order for an employe[e]'s act to lose the cloak of immunity of N.J.S.A. 34:15–8,
two conditions must be satisfied: (1) the employe[e] must know that his actions
are substantially certain to result in injury or death to the employee, and (2)
the resulting injury and the circumstances of its infliction on the worker must
be (a) more than a fact of life of industrial employment and (b) plainly beyond
anything the Legislature intended the [WCA] to immunize. [Laidlow v. Hariton
Mach. Co., 170 N.J. 602, 617 (2002).]” See,
Johns v. Thomas Wengerter,
et al., 2019 WL 1435125, (N.J. App. Div. 2019) Decided April 1, 2019
UNPUBLISHED OPINION.
CHECK COURT RULES BEFORE CITING. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE
DIVISION. This opinion shall not “constitute precedent or be
binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties and it suse in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate
Division.
….
Jon L. Gelman of Wayne NJ
is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters)
and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
For over 4 decades the Law Offices of Jon L Gelman
1.973.696.7900 jon@gelmans.com has been representing
injured workers and their families who have suffered occupational accidents and illnesses.
