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AKEF v. BASF CORP.

140 N.J. 408 (1995)

658 A.2d 1252

AHMED N. AKEF, PETITIONER-RESPONDENT, v. BASF CORPORATION, CHEMO DYNAMICS, INC. AND THE SECOND INJURY FUND, RESPONDENTS-RESPONDENTS, AND CELOTEX CORPORATION, RESPONDENT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 13, 1995.

Attorney(s) appearing for the Case

John C. Garde argued the cause for appellant (McCarter & English, attorneys; Michael A. Tanenbaum, of counsel; Mr. Garde and Debra M. Perry, on the briefs).

David Tykulsker argued the cause for respondent Ahmed N. Akef (Ball, Livingston & Tykulsker, attorneys).

John J. Jasieniecki argued the cause for respondent BASF Corporation (Thomas H. Green, attorney).

Gerald D. Rotella argued the cause for respondent Chemo Dynamics, Inc. (Cunneen and Rotella, attorneys).

Nancy J. Shebell, Deputy Attorney General, submitted a statement in lieu of brief on behalf of respondent Second Injury Fund (Deborah T. Poritz, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

PER CURIAM.

This case presents the issue of whether an employee's material misrepresentation of a preexisting medical condition bars a claim for worker's compensation. The Judge of Compensation found that the reliance by the employer on the employee's purposeful and knowing misrepresentation bars the employee from seeking a worker's compensation award for an occupational disease that was the subject of such misrepresentations. The Appellate Division, in a reported...

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