Robert J. Fitzgerald

Published Works

• "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

• "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

• "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

• "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

• "Actual Lost Income Must Be Shown," New Jersey Law Journal, December 11, 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

• "Will The Real Employer Please Stand Up? The Appellate Division's Most Recent Look At Special Employment Status Under The New Jersey Workers' Compensation Law," Defense Digest, Vol. 11, No. 3, September 2005

• "Claimant's Must Prove Abnormal Working Conditions Where Physical Injury Is Caused By Stress," Defense Digest, Vol. 7, No. 5, October 2001

Classes/Seminars Taught

• Workers’ Compensation Law Update, Insurance Society of Philadelphia, January 27, 2012; April 20, 2011

Representative Cases

• Temple Univ. Hosp. v. Workers' Comp. Appeal Board (Sinnott), 866 A.2d 489 (Pa. Cmwlth. 2005)

Past Employment Positions

• Marks, O'Neill, O'Brien & Courtney, P.C., litigation associate, 2000-2001

Education

• Widener University School of Law, Wilmington, Delaware, 2000 J.D.

  Honors: Phi Delta Phi, Harrington Inn, Honor Chapter

• Temple University, Philadelphia, Pennsylvania, 1994 B.A.

• Community College of Philadelphia, Philadelphia, Pennsylvania

  Associates in Applied Sciences
  Major: Paralegal Studies