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N.J. High Court Rules on Trio of Workers' Comp Cases
Three New Jersey Supreme Court rulings on exceptions to the workers' compensation bar to civil suits restated the court's longstanding position that when an employer is "substantially certain" that a dangerous condition exists and has been covered up, an "intentional wrong" will be deemed to have occurred and the employer is open to civil suit. But that message was entangled with four concurrences and two dissents that accompanied the companion rulings.Valdez v. Tri-state Furniture et al
Where the employer generally used the entire warehouse and petitioner was injured while using a forklift outside of his employer's designated area, and neither petitioner nor his supervisor was aware of any rule not to use the forklifts, and although forklifts were primarily used by the other companies and another employee was authorized to use the them, and the dismissal of his claim is reversed since he was injured in an area used and controlled by his employer "in the course of employment."Court Aims Workers' Comp Trilogy at Employer-Friendly Appellate Division
When the state Supreme Court handed down three rulings on May 22, all on exceptions to the workers' compensation bar to civil suits, it was plainly sending a message not only to plaintiffs' lawyers but to an Appellate Division that seems to have lost its way.Blanchard Securities Co. v. Rahway Valley Railroad Co., et al
Where plaintiff bought real estate on opposite sides of a railroad right-of-way and easements over it, and the State then purchased the right-of-way with plans to reactivate the rail line, plaintiff's action to stay the reactivation or to receive compensation for an anticipated diminution in the easements' value is dismissed, since no actual or anticipated deprivation is alleged and the Surface Transportation Board has exclusive jurisdiction over the rehabilitation and operation of rail lines.Attorney Ineligibility Order Pursuant to Rule 1:28-2(a)
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