Lesniewski v. W.B. Furze Corp.2/23/1998
y drew checks on EJ's account. The payee lines were left blank on the checks, as Furze never gave workers' full names to Lord. Four checks, which were handed to petitioner by Furze, were shown to have been drawn on EJ's account. They were dated March 24, 1995, payable to Rader Lesniewski; April 7, 1995, payable to M. Lesniewski; April 14, 1995, payable to Zenon Lesniewski; and March 31, 1995, payable to Rader. Petitioner's understanding of why he was receiving checks drawn on EJ's account was that Furze Corp. was experiencing a cash flow problem and that EJ's and Furze would settle the matter later. Despite the change in method of payment, petitioner continued to believe that he was employed by Furze Corp.
On June 1, 1995, petitioner filed a Claim Petition with the Division of Workers' Compensation alleging he was injured during and in the course of his employment, naming EJ's as respondent. Since EJ's did not carry workers' compensation insurance, petitioner's claim was classified as an uninsured claim implicating the State of New Jersey, Uninsured Employer's Fund, N.J.S.A. 34:15-120.1, et seq., as a party.
On June 30, 1995, petitioner filed a second petition naming Furze as respondent. On August 28, 1995, Furze filed an answer alleging petitioner was not employed by Furze at the time of the accident but by EJ's. On September 25, 1995, petitioner filed a third petition naming Four Star Construction as respondent.
Trial was held on October 24, 1995, November 14, 1995, December 5, 1995, December 15, 1995, January 16, 1996, and February 6, 1996. On April 30, 1996, the Judge ruled that Furze was petitioner's employer and on May 6, 1996 judgment was entered compelling payment of medical and temporary disability benefits. The claims against EJ's, Four Star Construction, and the Uninsured Employer's Fund were dismissed.
The Judge found that Furze Construction was an independent contractor during the disputed period, stating:
The respondent EJ's Grille, Inc. stated very clearly that Mr. Furze was not his employee, that Mr. Furze had placed a sign...on the construction site advertising himself as a general contractor and that he submitted invoices on W.B. Furze stationary which is...in evidence for work performed after the masonry work was completed, and that supplies were purchased with W.B. Furze Company credit...Further, the respondent EJ's Grille, Inc. testified that Mr. Furze always received a check made payable to his company, not to himself personally.
After looking at all the aforementioned facts and applying the existing law as set forth in Aetna Insurance Co. Inc. v. Trans American Trucking Service, Inc., 261 N.J. Super. 316 (App. Div. 1993), Condon v. Smith, 37 N.J. Super. 320 (App. Div. 1995), Pollack v. Pino's Formal Wear, 253 N.J. Super. 397 (App. Div. 1992), Larson, Workmen's Compensation Law ยง45.20 (1994) and Kelly v. Geriatric and Medical Services,
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