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Tag: independent contractor defense

Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

By on December 18, 2014 in Key Defenses with 0 Comments
Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

Under the New Jersey Workers’ Compensation Act, the independent contractor defense is seldom successful, but one area where the defense is still viable is in the horse racing industry as seen in the recent decision of Perry v. Robert Horowitz Stable, A-3845-12T2 (App. Div. December 9, 2014). Randolph Perry was a licensed horse owner and […]

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Once Per Week Hairstylist Found To Be Employee And Not Independent Contractor At Senior Facility

By on November 6, 2011 in Key Defenses with 3 Comments

In New Jersey employment is favored heavily over independent contractor status.  Proof of this rule is Johantgen v. Brandywine Senior Care Center, A-4883-09T1 (App. Div. October 31, 2011). Diane Johantgen provided hairstyling and grooming services once per week to residents of a long-term nursing home.  She fell from a chair and fractured her wrist while […]

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Casual employment – Martin v. Pollard

By on July 1, 2008 in Key Defenses with 1 Comment

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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