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CRIPPEN v. CENTRAL JERSEY CONCRETE PIPE CO.

823 A.2d 789 (2003)

176 N.J. 397

Annabelle CRIPPEN, Administratrix Ad Prosequendum and General Administratrix of the Estate of Harold Crippen, Deceased, Plaintiff-Appellant, v. CENTRAL JERSEY CONCRETE PIPE COMPANY, Defendant-Respondent, and Gallo Industries, Inc., XYZ Company, 1-100 (a fictitious name) and/or John Doe (a fictitious name), Defendants.

Supreme Court of New Jersey.

Decided May 22, 2003.

Attorney(s) appearing for the Case

Robert G. Hicks, Springfield, argued the cause for appellant (Javerbaum Wurgaft Hicks & Zarin, attorneys).

Michael J. Marone, Morristown, argued the cause for respondent (McElroy, Deutsch & Mulvaney, attorneys; Joseph J. McGlone and Richard J. Williams, on the brief).

The opinion of the Court was delivered by COLEMAN, J.

The critical issue in this appeal is whether an employer's conduct in failing to cure hazardous conditions in violation of a directive issued by the U.S. Department of Labor, Occupational Safety & Health Administration (OSHA), coupled with its intentional deception of OSHA, constitutes an "intentional wrong" under the exclusive remedy provision of the Workers' Compensation Act, N.J.S.A. 34:15-8. Based...

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