Monday, March 29, 2010

NJ Court finds Owner-Operator to be Employee for Worker's Compensation Purposes


WORKERS' COMPENSATION — SCOPE OF EMPLOYMENT
39-2-7290 Chaverri v. Cace Trucking Incorporated
, App. Div. (per curiam) (8 pp.) This appeal concerns whether an injury of petitioner, Guillermo Chaverri, occurred during the scope of his employment with respondent, Cace Trucking Incorporated. Chaverri was the owner and driver of a tractor trailer. He entered into a written lease agreement with Cace whereby Chaverri agreed to use his tractor trailer to perform hauling services exclusively for Cace. Chaverri further agreed to maintain, register and insure the tractor trailer at his own expense. Chaverri was performing maintenance on the tractor portion of the vehicle at his residence when he injured his right eye, causing him to lose the sight in that eye. The appellate panel concludes as a matter of law that the injury occurred during the scope of Chaverri's employment with Cace and consequently reverses the contrary ruling of the compensation judge.”

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