Robert J. Fitzgerald

Significant Representative Matters: Successfully proved that client was not liable for any workers' compensation benefits for a quadraplegic who had a catastrophic fall at the respondent's quarry where the petitioner alleged the respondent was acting as a general contractor. Daryl Hopkins v. Lehigh Hanson, et al., Claim Petition no. 2012-12762, et al., (JWC E. Cox, Jun 16, 2015); Successfully proved that petitioner, a graduate student and teaching assistant, was not considered an employee of a university when he was performing research for his graduate degree.; Published Works: 'New Jersey Appellate Division Continues to Turn Away Alleged Intentional Workplace Injury Claims,' Defense Digest, 2025-09-01, Vol. 31, No. 3; 'New Jersey Supreme Court Holds That in a Civil Action, the Jury, Not the Judge, Decides the Issue of Whether There Is a Special Employee Relationship,' Defense Digest, Vol. 29, No. 3, September 2023; 'Penalties, Sanctions and Other Bad Employee Words,' Defense Digest, Vol. 28, No. 3, October 2022; 'I've Got Your Papers Right Here! New Jersey Appellate Division Reverses Extending Workers' Compensation to Owner Based on Alleged Producer and Carrier Errors,' Defense Digest, Vol. 28, No. 1, April 2022; 'New Jersey Workers' Compensation and Property Leases. Two Greats Tastes That Don't Taste Great Together,' Defense Digest, Vol. 27, No. 5, December 2021; 'Better Not Be Late! Workers' Compensation Occupational Exposure Claims and the Statute of Limitations,' Defense Digest, Vol. 27, No. 2, March 2021; 'New Jersey Supreme Court Once Again Affirms Employers' Subrogation Rights,' Defense Digest, Vol. 26, No. 3, September 2020; 'Workers' Comp Update: The NJ Supreme Court One Again Affirms an Employers' Subrogation Rights,' New Jersey Defense Magazine, July 2020; 'The Appellate Division Beats Back Another Challenge to the Intentional Injury Exception of the New Jersey Workers' Compensation Statute,' Defense Digest, Vol. 25, No. 3, September 2019; 'New Jersey Workers' Compensation Section 40 Subrogation Provisions Beat Back a Challenge by the Motor Vehicle Insurance Verbal Threshold,' Defense Digest, Vol. 25, No. 1, March 2019; 'Dot Your I's and Cross Your T's. Insurance Coverage Cancellation Must Be Done Right in New Jersey Workers' Compensation,' Defense Digest, December 2018, Vol. 24, No. 4; ' Bifurcation, Compensability and Other Confusing Things in New Jersey Workers' Compensation,' Defense Digest, Vol. 24, No. 3, September 2018; 'Burdens of Proof and the New Jersey Workers' Compensation Second Injury Fund,' Defense Digest, Vol. 23, No. 2, June 2017; New Jersey Defense Association Newsletter, Spring 2018; 'Workers' Compensation Liens Rule!!! The Appellate Division Fends Off Another Challenge to Section 40 of New Jersey's Worker's Compensation Statute,' Defense Digest, Vol. 22, No. 4, December 2016; 'What Did You Know and When? The Latest Analysis of the 'Discovery Rule' Exception to the Statue of Limitations Defense,' Defense Digest, Vol. 22, No. 3, September 2016; 'More Than 100% Disabled? The New Jersey Appellate Division's Latest Analysis of Permanent/Total Disability Benefit Awards,' Defense Digest, Vol. 22, No. 1, March 2016 and New Jersey Defense Association Newsletter, Spring 2016; 'Appellate Division Approves, but Limits, Sanctions in New Jersey Workers' Compensation Proceedings,' Defense Digest, Vol. 21, No. 3, September 2015; 'The Appellate Division Weakens Workers' Compensation Dismissal Orders,' Defense Digest, Vol. 21, No. 1, March 2015; 'Let It Snow! Let it Snow! Let It Snow! There Is No Bad Weather Exception to the Coming and Going Rule for NJ Workers' Compensation,' Defense Digest, Vol. 20, No. 3, September 2014 and New Jersey Defense Association Newsletter, Fall 2015; 'Not So Fast!!! The Court Reverses Dismissal of Unjust Enrichment Claim for Overpayment of Workers' Compensation Benefits,' Defense Digest, Vol. 19, No. 4, December 2013; 'Further Expansion of Governmental Immunity Exception to Workers' Compensation Section 40 Liens,' Defense Digest, Vol. 19, No. 2, June 2013; 'Exclusive Remedy Doctrine Of Workers' Compensation Act Is Reaffirmed,' New Jersey Law Journal, October 26, 2012; 'Look Out Below! Petitioner's Intentional Injury Claims Falls Short of Piercing the New Jersey Workers' Compensation Bar,' Defense Digest, Vol. 18, No. 1, March 2012; 'Once Again, There Is No Pain Or Suffering - Damages That Is - In New Jersey Workers' Compensation,' Defense Digest, Vol. 17, No. 2, June 2011; New Jersey Defense Association Newsletter, Fall 2011; 'Once Is Enough! When It Comes To Considering Evidence Of The Plaintiff's Intentional Injury By The Employer And Loss Of The Workers' Compensation Bar,' Defense Digest, Vol. 16, No. 4, December 2010; 'Life Is About Choices - So Too Is New Jersey Workers' Compensation Law When Addressing An Employer's Section 40 Lien Against A Pennsylvania Motor Vehicle Insurance Policy,' Defense Digest, Vol. 16, No. 1, March 2010; New Jersey Self-Insurers Association Newsletter, August 2010; 'My Boss Made Me Do It! The Appellate Division Examines the Compensability of Injuries that Occur During Employer-Sponsored Social Events,' Defense Digest, Vol. 15, No. 4, December 2009; 'Strict Statutory Interpretation - New Jersey Supreme Court Affirms Determination Of Improper Cancellation of Workers' Compensation Insurance Coverage,' Defense Digest, Vol. 15, No. 2, June 2009; 'Liar! Liar! -- The Appellate Division Upholds The Imposition Of Penalties Under The Fraud Provisions Of The New Jersey Workers' Compensation Law,' Defense Digest, Vol. 14, No. 4, December 2008; 'Appellate Division Affirms Determination Of Improper Workers' Compensation Insurance Cancellation, Despite Carrier's Utilization Of State Insurance Bureau's Electronic Filing Procedures,' Defense Digest, Vol. 14, No. 2, June 2008; 'Exclusive Remedy Applies Despite Violation of Contract,' New Jersey Law Journal, September 17, 2007; 'Construction Company's Violation of Minority Business Contract Does Not Remove Protection of Exclusive Remedy Doctrine for Special Employer,' Defense Digest, Vol. 13, No. 1, March 2007; 'Actual Lost Income Must Be Shown,' New Jersey Law Journal, December 11, 2006; 'Last Call! The New Jersey Supreme Court Waters Down the Intoxication Defense in Workers' Compensation,' Defense Digest, Vol. 12, No. 4, December 2006; 'A Watered Down Intoxication Defense,' New Jersey Law Journal, November 6, 2006; 'Prove It! -- The Appellate Division Restates The Petitioner's Burden Of Proof For New Jersey Workers' Compensation Temporary Disability Benefits,' Defense Digest, Vol. 12, No. 3, September 2006; 'The Appellate Division Further Clarifies The Computation Of Weekly Wages Under The New Jersey Workers' Compensation Act,' Defense Digest, Vol. 12, No. 1, March 2006