NJ Supreme Court decision in Estate of Kotsovska used to determine limousine driver as an independent contractor.

While transporting a passenger for the respondent (a limo service), the petitioner (a limo driver) was involved in a motor vehicle accident and was injured. The petitioner filed a claim with the Division of Workers’ Compensation seeking medical and temporary benefits from the respondent. The Judge of Compensation found that the petitioner was not an employee of the respondent, but an independent contractor, and was not entitled to workers’ compensation benefits under the Act. The petitioner appealed. In affirming the Judge’s ruling, the Appellate Division found that, although transporting passengers was an integral part of its business, the respondent was never dependent upon any one particular driver to carry out the job of transporting passengers. Accordingly, there was sufficient credible evidence to support the finding that the petitioner was not an employee of the respondent and his injuries were not compensable.

_{Case Law Alerts, 4^th Quarter, October 2015}

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