Hawksby v. DePietro

The Court holds that plaintiff must pursue a medical malpractice claim in the Division of Workers’ Compensation (Division) because the doctor who committed the alleged malpractice was provided by the employer. The Court affirms the lower courts’ holding immunizing plaintiffs doctor from tort liability pursuant to N.J.S.A. 34:15-8 on the basis that the doctor was a fellow employee. That holding insulates company doctors from tort liability for negligent conduct, thereby depriving employees harmed by their negligence of an adequate forum to redress their injuries. I disagree and would adopt the…