Robert J. Fitzgerald

Bob is the managing attorney of the Workers' Compensation Department in the firm's Mount Laurel office. He devotes his entire practice to workers' compensation defense litigation, providing experienced counsel to employers and insurance carriers. Bob has represented employers in many industries, including retail services, hospitals and health care, banking, construction, manufacturing and distribution. Through his extensive litigation experience and educational offerings, Bob has helped clients achieve significant monetary savings and reduce their workers' compensation expenditures.

Bob works in tandem with his clients to develop risk management and litigation strategies that best suit their business needs and goals. He stays abreast of current trends, and frequently authors articles and conducts seminars on issues impacting workers’ compensation in New Jersey. Bob is a regular contributor to the firm’s quarterly newsletter, Defense Digest, and the New Jersey Defense Association publications, and is a frequent presenter for our monthly What’s Hot in Workers’ Comp Live webinar.

Bob is admitted to practice in New Jersey and Pennsylvania, as well as the U.S. District Courts for New Jersey and the Eastern District of Pennsylvania. He earned his juris doctor from Widener University School of Law, where he was a member of Phi Delta Phi, Honor Chapter. Bob is an active member of the New Jersey Self Insurers' Association, New Jersey Defense Association and New Jersey State Bar Association.

Honors & Awards

•New Jersey Super Lawyer Rising Star (2006-2007, 2010)
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Classes/Seminars Taught

•Know When to Hold ’em, When to Fold ’em! Best Bets to Limit Exposure in Claims Management, National Comp 2024, Las Vegas, NV, October 16, 2024
•Open Mic: Ask the Experts, New Jersey Self Insurers’ Association Annual Conference, April 24, 2024
•A State-By-State Guide to Avoiding Attorneys' Fees and Sanctions, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
•Workers' Compensation Winter Roundup, Graham Company webinar, December 15, 2020
•Setting the Strategy Stage: When to Deny and Fight a Workers’ Compensation Claim, Marshall Dennehey webinar, October 30, 2020
•The Intersection of Workers' Compensation and Health Care, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
•What Do You Want From Your Defense Attorney, Marshall Dennehey Workers' Compensation Seminar, October 25, 2018
•Ingredients for Successfully Defending Claims for Work Injuries at Home, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
•Do's and Don'ts of Fact Witnesses, Marshall Dennehey Workers' Compensation Seminar, October 27, 2016
•Put Me In Coach: Top 10 Opportunities in Claims and Litigation Management, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
•Social Media Update, Marshall Dennehey Workers' Compensation Seminar, October 30, 2014
•IMEs: How They Really Work, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
•Workers’ Compensation Law Update, Insurance Society of Philadelphia, February 15, 2013; January 27, 2012; April 20, 2011; March 2010
•Psych Injuries and How They Relate to Banks, How and When to Settle a Case, and Dissecting Medical Records, Client Seminar, May 2010
•Recent Changes in the New Jersey Workers' Compensation Act, Client Seminar, October 2008

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

Results

Successfully Defended a Claim for Permanent/Total Disability Benefits Where the Potential Exposure Exceeded Half a Million Dollars

We successfully defended a claim for permanent/total disability benefits and significantly lowered our client’s exposure. Given the petitioner’s age and the exposure of the case, our client faced a potential indemnity exposure of more than $500,000. Prior to trial, the petitioner refused to accept any settlement offer below permanent/total disability benefits. Following the petitioner’s testimony at trial, the judge dismissed the claim for permanent/total disability benefits and recommended a partial disability settlement, which equated to approximately $57,000 (only 10% of the potential cost) in total exposure, which was accepted by the petitioner.

Medical provider claim petition dismissed, with prejudice.

The parties were litigating a motion for medical treatment in which a physician was recommending an additional spinal surgery. The physician moved forward without authorization and performed spinal surgery on the petitioner. In order to complete the surgery, the physician brought in several ancillary services, including a vendor to perform diagnostic monitoring during the surgery. Following the surgery, the medical provider submitted its bills to the carrier, which were rejected based upon the lack of authorization. After a medical provider claim petition was filed, the respondent filed a motion to dismiss the matter for failure to obtain the requisite statutory authorization. The medical provider argued that it was only providing ancillary services and, therefore, did not require the authorization of the carrier under the New Jersey Workers’ Compensation Statute. The medical provider also argued that they were the “victim” since they were advised by the physician that the procedure was authorized. The judge rejected both arguments, holding that all medical providers including providers that provide ancillary services for surgical procedures, are required to obtain the same authorization for their treatment, or risk not receiving financial reimbursement.

Thought Leadership

Defense Digest

Watch That First Step! New Jersey Again Addresses The Eternal Battle of Intentional injuries vs. The Exclusive Remedy Doctrine

March 1, 2026

Key Points:The exclusive remedy doctrine bars a petitioner from filing a personal injury suit arising out of a workplace injury.The exclusive remedy doctrine can be overcome if a petitioner can prove an “intentional injury.”A petitioner has a high burden of proof under a multi-part analysis to succeed on an intentional injury claim.The Appellate Division of the New Jersey Superior Court once again reaffirmed the strength of the exclusive remedy doctrine of the New Jersey Workers’ Compensation Statute against alleged intentional injury claims in Jonathan Little v VDM Metals USA, LLC, et al., 2025 WL 3276688 (NJ Super. App. Div. Nov. 25, 2025). In this case, the petitioner worked as a material handler for VDM, a steel manufacturer, when he sustained a compensable fall while exiting a trailer. The petitioner was clearing packing materials on a flat-rack trailer: an open trailer with only two sides - front and back. The petitioner sustained head injuries in the fall and was unable to describe the accident.The petitioner’s supervisor, Frendly Blas, provided some details leading up to the accident, although he did not witness the fall. Blas testified that, prior to the accident, the petitioner received safety training on fall prevention. Blas estimated the flat-rack trailer bed sat five or six feet off the ground. Further, a 'RollaStep Mobile Platform,' intended to protect workers from falls whenever they accessed a surface at least four feet off the ground, was near the truck, but not used at the time of the fall. Blas was responsible for ensuring the use of the RollaStep, but did not remember why it was not used during the incident.An OSHA report confirmed the RollaStep was positioned nearby the trailer. OSHA determined the primary cause of the accident was complacency, as it appeared the RollaStep was generally not used when there were only a few steel plates being unloaded. The petitioner’s expert report in the personal injury case indicated that training records did not show the petitioner received specific training on flat-rack trailers.The petitioner filed a personal injury action for negligence, gross negligence, and intentional wrongs against the employer, VDM. More specifically, the petitioner asserted VDM failed to provide adequate training, safety measures, and protective equipment, along with not providing enough staff to safely operate the facility. After discovery concluded, VDM won a motion for summary judgment. The trial court found that the plaintiff failed to establish thatVDM’s conduct was an intentional act sufficient to surmount the Act's high bar, and dismissed the petitioner’s complaint. The court employed the two-part standard test in Laidlow v. Hariton Mach. Co., 790 A.2d 884, 894-896 (N.J. 2002): the court determined the petitioner had not established his injuries were substantially certain to occur or fell outside the 'facts of life' attendant to industrial employment.On appeal, the petitioner argued the trial court erred in granting summary judgment, as he established sufficient facts to show the defendant's intentional conduct. The petitioner contended that the record contained facts sufficient to show that adequate training was not provided related to unloading the flat-rack trailer or protecting his safety by using the RollaStep safety measure. Thus, claiming the fall from an elevated surface could not be a fact of industrial life for someone that finished and packed material.The Appellate Division affirmed the dismissal, noting that the intentional wrong exception in Laidlow is interpreted very narrowly so that as many work-related injury claims as possible can be processed exclusively within the workers' compensation system. Thereunder, to successfully prove an intentional injury claim the petitioner must prove:that the employer knew that its actions are substantially certain to result in injury or death to the employee; andthe resulting injury and the circumstances of its infliction on the worker must be(a) more than a fact of life of industrial employment and (b) plainly beyondanything the legislature intended the Act to immunize.Laidlow, 790 A.2d at 894.Further, the petitioner bears the burden of establishing both the 'conduct' and 'context' prongs. To satisfy the conduct requirement, a petitioner must show a defendant acted with 'substantial certainty” that injury or death would result. Again, mere knowledge and appreciation of a risk is insufficient.In this case, the court noted VDM failed to utilize the RollaStep during small unloading jobs, and that OSHA concluded that the defendant failed to provide the RollaStep due to 'complacency.' However, the court also noted there was no evidence to suggest any employees previously fell from a trailer while unloading it. Further, the petitioner was not unloading the truck, but exiting the trailer after the work was completed. Thus, even presuming his inexperience with “unloading,' the petitioner was not handling or removing the metal sheets when the fall occurred.Additionally, the petitioner was trained to avoid falls, albeit not specifically to avoid falls from flat-rack trailers. Without evidence that VDM was aware of a known or heightened danger, any lack of training, even considered together with VDM’s failure to use a RollaStep, did not demonstrate that the defendant was substantially certain that harm would arise from its actions. Additionally, there was no evidence that the defendant deliberately and deceptively removed the safety device from the location.Even if VDM knew that the failure to use the RollaStep created some degree of danger, mere knowledge by an employer that a workplace is dangerous does not equate to an “intentional wrong.' The court noted that it had rejected the idea that a longstanding negligent or reckless practice should be deemed an intentional wrong under the Act simply because the risk posed by an ongoing wrongful practice will eventually occur.While this case does not necessarily add anything new to the “intentional injury” test, it is a great reminder as to the court’s analysis of such claims. Again, a petitioner has a very high burden of proving both the “conduct” and “context” prongs under Supreme Court’s Laidlow decision.The purpose of the exclusive remedy doctrine is to keep work claims in the workers’ compensation forum, while only the most egregious cases dealing with poor employer conduct can pierce the bar. Regardless of this decision, employers and carriers should always take great strides in insuring workplace safety. If you have any questions about your workplace safety program and procedures, please reach out to your TPA carrier and counsel for advice before the next potential work injury. Robert Fitzgerald works in our Mount Laurel, NJ office. He can be reached at (856) 414-6009 or RJFitzgerald@mdwcg.com.

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