Opinion

Boyle v. Breme

  • 93 N.J. 569
  • 461 A.2d 1164
  • 1983 N.J. LEXIS 2722
Court
Supreme Court of New Jersey
Filed
Jul 14, 1983
Status
Published
On the bench
Handler
Cited by
9 cases
Authority
More cited than 73.3%

bar applicable to county rescue squad workers even though each was a member of a different squad

How later courts described this case

  • bar applicable to county rescue squad workers even though each was a member of a different squad
  • refusing to apply dual capacity doctrine; deferring to legislature to create this or any other exception to coemployee immunity
  • bar against common-law tort claim applied to county employee and county physician

Written by the judges who cited it.

The opinion

*570 PER CURIAM.

We affirm for the reasons stated by Judge Fritz in his opinion below. 187 N.J.Super. 129 (App.Div.1982). We note that when the Legislature added a provision for co-employee immunity to the Workers’ Compensation Act in 1961, L.1961, c. 2 (codified at N.J.S.A. 34:15-8), some employers had medical clinics staffed by employee doctors and nurses. If the Legislature had intended to exclude this class of co-employees, it could have expressed that intent. Indeed the Legislature made a comprehensive review of the Act in 1979, L.1979, c. 283, without modifying the co-employee immunity provision despite the pronouncement in Bergen v. Miller, 104 N.J.Super. 350 (App.Div.), certif. denied, 53 N.J. 582 (1969), of the principle enunciated in this case. The employee’s recovery under the Act includes, of course, the consequences of malpractice, the injuries being deemed to arise out of and in the course of employment. Flanagan v. Charles E. Green & Son, 122 N.J.L. 424 (E. & A. 1939).

For affirmance — Chief Justice WILENTZ, and Justices CLIFFORD, SCHREIBER, POLLOCK, O’HERN and GARIBALDI — 6.

For reversal —Judge HANDLER — 1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.