Showing posts with label Exclusivity Rule. Show all posts
Showing posts with label Exclusivity Rule. Show all posts
Wednesday, January 8, 2025

Marijuana Test: Walmart Wins Case - Retaliatory Firing

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The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act – referred to herein as ‘CREAMMA.’ does not expressly pro...
Tuesday, January 7, 2025

Podcast: A Federal Court Analyzes an Intentional Wrong Claim

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The recent US District Court decision in Lopez v. Corozal Auto Repair Inc. delves into the critical issue of the exclusivity rule and its na...
Sunday, January 5, 2025

Navigating the Complexities of Workers' Compensation Exclusivity in New Jersey

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The recent decision in  Lopez v. Corozal Auto Repair Inc. , a case heard in the United States District Court for the District of New Jersey,...
Tuesday, August 6, 2024

Intentional Tort v Negligence

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A New Jersey appellate court found that an employee could not proceed with an intentional tort claim against an employer because the evidenc...
Thursday, December 14, 2023

Not an Exception

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In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to o...
Tuesday, November 24, 2020

ACLU Files Lawsuit Against Meatpacking Plant for Treacherous COVID-19 Conditions

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While the workers’ compensation system was established to shield employers from civil actions, in certain circumstances employers may still ...
Monday, August 10, 2020

Intentional Tort Claim Barred by the Exclusivity Rule

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The New Jersey Workers Compensation Act (WCA), N.J.S.A. 34:15-1 to -146, generally prohibits employees from suing their employers for injuri...
Monday, November 18, 2019

NJ Supreme Court to Review Application of Exclusivity Rule Between Social Remedial Legislation Acts

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The NJ Supreme Court will review two social remedial legislative acts to determine whether the Exclusivity Rule is applicable. The workpla...
Friday, May 10, 2019

Leased Employment Has Its Consequences

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An employee leased to another company [ER], ie. From a placement agency [PA], does not have the rights and benefits available to a regular ...
Monday, April 15, 2019

Payment under section 20 invokes the exclusivity bar even if the employer is uninsured

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A lump sum payment under Section 20 of the New Jersey Workers’ Compensation law is deemed to be an employee’s complete surrender of rights...
Thursday, December 14, 2017

Exclusivity Rule: Police Officer Hired to Direct Traffic Was a Special Employee-Unpublished Opinion

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A municipal police officer who was hired by a contractor to direct traffic at a construction site was determined to be a “special employee”...
Thursday, September 26, 2013

Exclusivity Rule: Court Holds Risk of Death Contemplated by Legislature

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A NJ Appellate Court has ruled that the Exclusivity Bar prohibits the estate of a fatally injured trash truck driver from proceeding with an...
Wednesday, December 19, 2012

Football Concussions – An Epidemic Failure of Safety

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Story after story is now emerging of the tragedy of head concussions incurred during the sport of football. While the a...
Wednesday, July 11, 2012

Exclusivity Rule Adopted in MDL Aviation Law Case

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Continental Connection Bombarder Q400 operated by Colgan Air Photo Credit: Wikimedia Commons In a Multidistrict Litigation (MDL) case pe...
Wednesday, June 13, 2012

Court Rules Site of Accident Invokes Exclusivity Rule

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A NJ appeals court ruled that a motor vehicle accident cause by a co-worker in the emplyers' parking lot, before work had commenced ...