Kertesz v. Korsh
New Jersey Superior Court, Appellate Division
686 A.2d 368, 296 N.J. Super. 146 (1996)
- Written by Whitney Punzone, JD
Facts
On November 6, 1990, Michael Kertesz (plaintiff) fell at a worksite while installing sheetrock for Barry L. Korsh (defendant). Kertesz had an independent business with years of sheetrock experience when he agreed to perform work for Korsh. Kertesz performed work for Korsh about three to four times per month. For the sheetrock job, Korsh contracted with another entity to perform the job and required the hiring of additional workers for the completion of the job. Korsh agreed to pay Kertesz $120 per day. Kertesz went to the worksite with Robert Pastor, whom he considered the foreman, and Pastor gave Kertesz instructions on performing the job. Kertesz and Pastor were paid separately. Korsh provided materials for the job. After Kertesz was injured, he filed for workers’-compensation benefits. Kertesz did not testify. The judge of compensation found that Kertesz was not an employee or entitled to benefits. Kertesz appealed.
Rule of Law
Issue
Holding and Reasoning (Shebell, J.)
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