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Worker who Posed Photo of Explosive Device can’t Escape N.J. Exclusive Remedy Bar

28 Dec, 2025 Frank Ferreri

                               
Case File

When a New Jersey worker violated a workplace violence policy and turned his nose up at an IME request, was he able to sue under a common law theory? Simply Research subscribers have access to the full text of the case.

Case

Fantini v. Westrock Co., No. 22-cv-04351 (D.N.J. 12/19/25)

What Happened?

A design coordinator for a manufacturer sought different roles with the manufacturer but was not selected for any. While the coordinator was on FMLA leave, the manufacturer requested that he submit return-to-work documentation.

The coordinator responded by submitting a photo of himself with a sign stating, "I have been Mistreated and I am Mad" and sitting next to a doll with an object that recipients interpreted to resemble an explosive device.

The manufacturer also requested that the coordinator complete an independent medical examination, which he did not do.

The manufacturer eventually terminated the coordinator for not completing the IME and violating its workplace violence policy.

The coordinator sued the manufacturer, alleging, among other things, a common law workplace negligence claim.

Rule of Law

The New Jersey Workers' Compensation Act provides the exclusive remedy for injuries arising from negligence in the employment context, regardless of the kind of injury alleged.

What the Court Said

The court found that the coordinator's case could not escape the NJWCA's exclusive remedy provisions.

"Because [the coordinator's claims] assert negligence claims, they are preempted by the NJWCA."

Verdict: The court granted the manufacturer's motion for summary judgment and denied the coordinator's cross-motion for summary judgment.

Takeaway

A "workplace negligence" claim in New Jersey is likely to run into an obstacle under the exclusive remedy provisions of the state's workers' compensation law.

All New Jersey content on WorkersCompensation.com is brought to you by Horizon Casualty Services, Inc.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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