Advertising Disclosure Email Disclosure

“Control test” and “relative nature of the work test” used to find that petitioner was respondent’s employee within the meaning of NJ Workers’ Compensation Act.

July 1, 2018
Hopkins v. Capone Transportation, LLC, Docket No. A-5180-14T2, 2018 N.J. Super. Unpub. LEXIS 871 (App. Div., decided Apr. 16, 2018)

The Judge of Compensation found the petitioner entitled to workers’ compensation benefits for his work-related injuries. In affirming the Judge of Compensation’s holding, the Appellate Division relied on Pollack v. Pino’s Formal Wear & Tailoring, 253 N.J. Super. 397 (App. Div. 1992), where the court set forth the “control test” and the “relative nature of the work test,” two tests used to determine if a party is an “employee” within the meaning of the New Jersey workers’ compensation statute.

Applying the control test, the Appellate Division found that it was not refuted that Capone Transportation could control the petitioner’s work because, according to the petitioner, the foreman told him what needed to be done at the job site. As for the relative nature of the work test, the Appellate Division found that the work the petitioner performed at the employer’s client’s site was an integral part of Capone Transportation’s demolition business. Although the petitioner was not questioned as to the extent to which he relied upon the wages he earned from Capone Transportation, the fact that he was available for work when hired by Capone Transportation was indicative of his need for, and likely reliance on, the income he received from that entity.

Accordingly, the Appellate Division found sufficient support in the record for the Judge of Compensation’s determination that the petitioner was an employee of Capone Transportation within the meaning of the New Jersey Workers’ Compensation Act and entitled to workers’ compensation.

 

Case Law Alerts, 3rd Quarter, July 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Dario J. Badalamenti
Shareholder
(973) 618-4122
djbadalamenti@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."