Stancil v. Ace U.S.

• Decision Date: 07 June 2011
• Citation: 23 A.3d 338,207 N.J. 66
• Parties: Wade STANCIL, Plaintiff–Petitioner,v.ACE USA, Defendant–Respondent.
• Court: New Jersey Supreme Court

207 N.J. 66

23 A.3d 338

Wade STANCIL, Plaintiff–Petitioner,

v.ACE USA, Defendant–Respondent.

Supreme Court of New Jersey.

June 7, 2011.

OPINION TEXT STARTS HEREOn Petition for Certification.

Prior report: 418 N.J.Super. 79, 12 A.3d 223.

To the Appellate Division, Superior Court:

A petition for certification of the judgment in A–001438–09 having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is granted, limited to whether—and without regard to the intentional—conduct exception provided for in the Workers' Compensation Act, N.J.S.A. 34:15–8—an employee who suffered a work-related injury has a common-law cause of action for damages against a workers' compensation carrier for its willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes a worsening of the employee's medical condition and/or pain and suffering.