William B. Millison and Marie Millison, His Wife; Vernon G. Kronmaier and Dorothy Kronmaier, His Wife; Harold…

Summary

The New Jersey Supreme Court held that plaintiffs' claims for initial asbestos-related occupational diseases are barred by the exclusive‑remedy provision of the Workers' Compensation Act, but affirmed a cause of action for aggravation of those diseases where defendants fraudulently concealed known asbestos‑related conditions. The Court applied a "substantial certainty" test to the intentional‑wrong exception and remanded for further proceedings. Justice Handler, in a concurring‑in‑part/dissenting opinion, argued that the Court applied too strict a standard and would have allowed the initial exposure claims to proceed.