Thornton was employed as production foreman with the defendant corporation. On several occasions, Thornton had reprimanded an
Question:
Thornton was employed as production foreman with the defendant corporation. On several occasions, Thornton had reprimanded an employee, Sozio, for failure to wear safety glasses and had reported this to the employer. On one occasion, Sozio threatened Thornton, saying, “I’ll take care of your eyes later.” Nine days after Sozio’s employment had been terminated, Thornton saw him in a bar. At that time Sozio said, “Remember me, remember me?” and attacked Thornton, causing him to lose the sight of one eye. Thornton claims that he is entitled to workers’ compensation benefits because his injuries arose out of and had their origin in his employment and because the injuries were in the course of the employment. His employer claims that the injuries did not occur on the job even though they did arise out of the employment. Sozio, no longer an employee, had deliberately inflicted the injuries. Therefore, the employer argues, Thornton is not entitled to workers’ compensation benefits. Is Thornton entitled to benefits? (Thornton v. Chamberlain Manufacturing Corporation, 62 NJ. 235, 300 A.2d 146)
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