Thursday, February 10, 2011

Stancil vs. ACE USA

After exhausting administrative remedies in the compensation court, the petitioner filed a complaint in the Superior Court seeking damages for a carrier’s willful noncompliance with an order of the workers’ compensation court.  The Law Division judge, however, dismissed that complaint for failure to state a claim upon which relief can be granted.  Afterward, the Appellate Division affirmed, holding that the remedies currently contained in the Workers’ Compensation Act and related Division regulations constitute the exclusive remedy available to an aggrieved petitioner arising out of willful noncompliance by an employer or its insurer with an order of the compensation court.

http://lwd.dol.state.nj.us/labor/wc/legal/cases/jurisdiction.html#Stancil