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Legal Memorandum: Exception to the Workers Compensation Bar

Issue: What must a plaintiff include in his or her complaint in order to establish that the claim should be heard outside the Workers Compensation Act process?

Area of Law: Litigation & Procedure, Workers Compensation Insurance
Keywords: Workers compensation bar; Exception; Complaint
Jurisdiction: New Jersey
Cited Cases: None
Cited Statutes: None
Date: 05/01/2007

A plaintiff must plead facts sufficient to satisfy the intentional wrongdoing exception to the Workers Compensation bar.  See Klemka v. Brush Wellman, Inc., 2004 U.S. Dist. LEXIS 29826, *15-*16 (D.N.J. May 26, 2004) (stating the standard that the court must accept as true the facts pleaded in the complaint, and any and all reasonable inferences derived from those facts; finding that the plaintiff adequately pleaded the intentional tort exception to the workers compensation bar).

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