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Tag: Relative Nature of Work Test

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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Casual Employment and Independent Contractor Defenses Often Overlap

By on March 6, 2014 in Key Defenses with 0 Comments
Casual Employment and Independent Contractor Defenses Often Overlap

Many clients ask what the difference is between the defense of independent contractor and casual employment.  The truth is that the defenses are very similar, and one important case, Berkeyheiser v. Mollie S. Woolf, 71 N.J. Super. 171, (App.Div. 1961), illustrates this point. The case involved a man who worked full time for St. Regis […]

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