The Whitfield Case

The Whitfield Case was decided June 13th, 2018 by the Commonwealth Court, who confirmed the application of Protz retroactively. The Court vacated the WCAB’s order affirming the WCJ’s decision denying claimant’s reinstatement petition.

You ain’t heard nothin’ yet: let’s talk about employer liability, the “exclusivity rule,” third-party litigation, and indemnification.

By: Taranae J. Hashemi

New Jersey, like most states, requires that in order to prevail in a personal injury action the accused must be found at fault for causing the injury alleged. That is, unless you are an employee attempting to sue your employer. Say hello to the New Jersey Workers’ Compensation Act, legislation through which a “tit-for-tat” relationship is established between the employer and employee.