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 the Workers' Compensation Act's exclusive‑remedy provision does not bar a common‑law claim for fraudulently concealed aggravation of an occupational disease, but it does bar a claim for the initial asbestos exposure itself. The Court applied a "substantial certainty" test for the intentional‑wrong exception and remanded for further proceedings. Justice Handler, concurring in part and dissenting, argued that the Court applied the test too strictly and would have allowed the initial‑exposure claim to proceed.