N.J.J. v. Wesfam Restaurants, Inc.

I concur with the main opinion’s holding that the trial court’s factual findings are not due to be disturbed.

In this worker’s compensation case the employee, N.J.J., seeks worker’s compensation benefits as a result of injuries sustained in a sexual assault that occurred as N.J.J. arrived at work at an early hour. Employers often pay workers’ compensation to employees for injuries that occur as the result of an on-the-job assault — including sexual assaults. However, this case involves a unique exception to that rule found in our workers’ compensation law.

Not every injury that occurs…