Hawksby v. DePietro

The opinion of the Court was delivered by

COLEMAN, J.

This case revisits the issue of whether there should be tort liability for co-employee physicians. The question raised is whether a doctor who is also an employee of an injured worker’s employer may be sued in the Law Division for medical malpractice for allegedly injuring that worker while providing authorized medical treatment for a compensable accident. The Law Division held that the action was precluded based upon immunity under the New Jersey Workers’ Compensation Act (Act), N.J.S.A. 34:15-8, *61and that the exclusive remedy was to pursue…