The recent US District Court decision in Lopez v. Corozal Auto Repair Inc. delves into the critical issue of the exclusivity rule and its narrow exceptions, focusing on intentional wrong claims under NJSA 34:15-8. To expand the discussion among all workers' compensation community stakeholders, we have generated a free podcast on this topic.
Summary of The Case
An employee, Eric Lopez, sued his employer, Corozel Auto Repair, for injuries sustained in a workplace fire. The court examined three alleged intentional wrongs: a drip pan incident, windshield washer fluid, and fire suppression equipment issues. The court ultimately denied the plaintiff's motion for summary judgment, finding insufficient evidence of intentional wrongdoing by the employer. The motion by the auto repair shop is granted.
Related Resources
Navigating the Complexities of Workers' Compensation Exclusivity in New Jersey 1/5/2024
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*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 five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.
Blog: Workers' Compensation
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