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MANZANET-DANIELS, J. (dissenting)

MANZANET-DANIELS, J. (dissenting)— On this record, issues of fact exist regarding whether the conduct of plaintiff's employer in dismantling various safety features of a leather stamping machine was "substantially certain to result in injury" so as to exempt plaintiff from the exclusivity provisions of the New Jersey's Workers Compensation Law (Mull v. Zeta Consumer Prods., 176 NJ 385, 823 A2d 782 [2003]; Laidlow v. Hariton Mach. Co., 170 NJ 602, 623, 790 A2d 884, 898 [2002]). I would accordingly affirm the order appealed from.

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MANZANET-DANIELS, J. (dissenting)— On this record, issues of fact exist regarding whether the conduct of plaintiff’s employer in dismantling various safety features of a leather stamping machine was “substantially certain to result in injury” so as to exempt plaintiff from the exclusivity provisions of the New Jersey’s Workers Compensation Law (Mull v. Zeta Consumer Prods., 176 NJ 385, 823 A2d 782 [2003]; Laidlow v. Hariton Mach. Co., 170 NJ 602, 623, 790 A2d 884, 898 [2002]). I would accordingly affirm the order appealed from.

On the date of the incident, in October 2007, plaintiff was stamping a piece of leather when the leather became stuck in the machine. When plaintiff attempted to extricate it, the top of the machine abruptly came down, severely burning his hand.¹ None of this would have occurred had the required safety mechanisms, including a safety guard which prevented insertion of a hand beyond a certain point, and a foot pedal which had to be depressed in order for the machine to operate, been in place.

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