Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Friday, August 10, 2012

Wade Stancil v. ACE USA (A-112-10; 067640)


 Wade Stancil v. ACE USA (A-112-10; 067640)
          An injured employee does not have a common law right
          of action against a workers’ compensation carrier for
          pain and suffering cause by the carrier’s delay in
          paying for or authorizing treatment because 1) the
          workers’ compensation system was designed to provide
          injured workers with a remedy outside of the ordinary
          tort or contract remedies cognizable in the Superior
          Court; 2) in amending the Workers’ Compensation Act in
          2008, the Legislature rejected a provision that would
          have given the compensation courts broader permission
          to authorize a resort to the Superior Court and
          adopted a remedy that permits compensation courts to
          act through a contempt power; and 3) allowing a direct
page2image17512
page2image17784
page2image18056
common-law cause of action against a carrier would
          undermine the workers’ compensation system by
          substituting a cause of action that would become the
          preferred manner of securing relief. 
8-1-12