Robert J. Fitzgerald

Shareholder

Bob is the Workers' Compensation Department supervisor 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 has been recognized as a New Jersey Rising Star by New Jersey Super Lawyers, which recognizes outstanding young lawyers in the state of New Jersey. He has authored numerous articles on workers' compensation issues and regularly conducts seminars for clients across the country. Bob has also served as a featured speaker for the Insurance Society of Philadelphia, presenting its annual Workers' Compensation Update for member employers, insurance brokers and adjusters. 

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.

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.

Classes/Seminars Taught

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

“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

Admissions
New Jersey
2000
Pennsylvania
2000
Education
Widener University School of Law (J.D., 2000)
Temple University (B.A., 1994)
Honors & awards
New Jersey Super Lawyer Rising Star
2006-2007, 2010

The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Associations & memberships
New Jersey Defense Association
New Jersey Self Insurers' Association
New Jersey State Bar Association
Year joined
2001