Once Is Enough! When It Comes To Considering Evidence Of The Plaintiff's Intentional Injury By The Employer And Loss Of The Workers' Compensation Bar.

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Once Is Enough! When It Comes To Considering Evidence Of The Plaintiff's Intentional Injury By The Employer And Loss Of The Workers' Compensation Bar.

Key Points:

The workers' compensation bar protects employers from bodily injury damages for workplace injuries.

Employers lose the benefit of the workers' compensation bar for "intentional injuries."

The court will consider many factors in determining intentional wronging by the employer, even an employer's subsequent actions after a workplace injury has occurred.

The court once again tackles the issue of the "intentional injury" exception to the workers' compensation bar in Van Dunk v. Reckson Associates Realty Corp., et al., and James Construction Co., 2010 N.J. Super LEXIS 179 (August 30, 2010). Like most "no-fault" ...

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