bar applicable to county rescue squad workers even though each was a member of a different squad
How later courts described this case
- bar applicable to county rescue squad workers even though each was a member of a different squad
- refusing to apply dual capacity doctrine; deferring to legislature to create this or any other exception to coemployee immunity
- bar against common-law tort claim applied to county employee and county physician
Written by the judges who cited it.
The opinion
*570 PER CURIAM.
We affirm for the reasons stated by Judge Fritz in his opinion below. 187 N.J.Super. 129 (App.Div.1982). We note that when the Legislature added a provision for co-employee immunity to the Workers’ Compensation Act in 1961, L.1961, c. 2 (codified at N.J.S.A. 34:15-8), some employers had medical clinics staffed by employee doctors and nurses. If the Legislature had intended to exclude this class of co-employees, it could have expressed that intent. Indeed the Legislature made a comprehensive review of the Act in 1979, L.1979, c. 283, without modifying the co-employee immunity provision despite the pronouncement in Bergen v. Miller, 104 N.J.Super. 350 (App.Div.), certif. denied, 53 N.J. 582 (1969), of the principle enunciated in this case. The employee’s recovery under the Act includes, of course, the consequences of malpractice, the injuries being deemed to arise out of and in the course of employment. Flanagan v. Charles E. Green & Son, 122 N.J.L. 424 (E. & A. 1939).
For affirmance — Chief Justice WILENTZ, and Justices CLIFFORD, SCHREIBER, POLLOCK, O’HERN and GARIBALDI — 6.
For reversal —Judge HANDLER — 1.