Independent Contractor – Kertesz v. Korsh
To establish that an employee is an independent contractor the employer must consider the two tests used in New Jersey. The case of Kertesz v. Korsh, 296 N.J. Super. 146 (App. Div. 1996) provides an illustration. In this case the petitioner, Michael Kertesz, was a skilled contractor who did sheet rocking for 30 years. He had […]
Fraud case – Cardiello v. Community Medical Center
In a case handled successfully on appeal by Anne Hammill, Esq. of Capehart Scatchard, the Appellate Division vacated a 60% award to petitioner in Cardiello v. Community Medical Center, A-3172-06T1 (App. Div. March 19, 2008). Petitioner, Valerie Cardiello, alleged that she injured her back on December 30, 2001 while working for respondent. She later amended […]
Fraud case – Singh v. Cream-O-Land Dairy
New Jersey has its own fraud provision built into the statute under N.J.S.A. 34:15-57.4. There are two helpful unreported cases on fraud. In Singh v. Cream-O-Land Dairy, A-2468-06T5, (App. Div. March 27, 2008), the Appellate Division affirmed the decision of the Honorable Michael P. Mullen, Judge of Compensation, in denying compensation to a claimant who […]
Casual employment – Martin v. Pollard
Casual employees are excluded from receiving benefits under N.J.S.A. 34:15-36. The present definition of casual employment embraces two concepts, depending on whether the services are given in relation to a business, or whether they are unconnected to a business. If the services are rendered in relation to a business, they are casual if they are […]
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