Supreme Court of New Jersey March 12, 1998 (Kristiansen v. Morgan)

The opinion of the Court was delivered by

COLEMAN, J.

This is a workers’ compensation case in which the parties have taken reverse factual and legal positions. The injured worker, through his personal representative, is denying that an accident arose out of and in the course of employment with the New Jersey

*302

Department of Transportation (NJDOT) in order to escape the exclusive remedy rule of