Robinson v. Levy
| Citation | 20 N.J.Misc. 444,28 A.2d 651 |
| Parties | ROBINSON v. LEVY. |
| Decision Date | 17 September 1942 |
| Court | United States State Supreme Court (New Jersey) |
Proceeding under the Workmen's Compensation Act, N.J.S.A. 34:15-1 et seq., by Alice Robinson, claimant, opposed by Lawrence Levy, employer.
Judgment for claimant.
John V. Crowell, of Red Bank, for petitioner.
George F. Lahey, Jr., of Newark, for respondent.
UMBERGER, Deputy Commissioner.
The facts in this case briefly are that petitioner was employed by respondent to act as a nurse for his child, petitioner being a graduate or registered nurse. Petitioner was employed on the basis of twenty-four hours per day being allowed a rest period of four hours from 2 P. M. to 6 P. M. During this rest period it was petitioner's habit to drive her automobile from her place of employment in Elberon, New Jersey, to her home at Red Bank, New Jersey, and while there to launder her uniforms worn during her duties. Petitioner alleges that on September 11, 1941, during her said rest period she had driven her car as usual to her home and laundered some of her uniforms and that while going from her house to the car with the uniforms in her hand to return to her place of employment she sustained a fall and caused an injury to her left hand consisting of fracturing the wrist. Respondent contends that the petitioner at the time of the accident was in fact washing the car.
Respondent's counsel urges that since the petitioner was a registered nurse this tribunal is bound to find her an independent contractor and not an employee of respondent. This proposition is utterly untenable as it is not any special training that makes one an independent contractor but the terms of the contract of hire that determines whether or not the relationship of the parties is that of employer and employee or whether the petitioner's relationship with respondent is that of an independent contractor. The relationship of master and servant exists whenever the employer retains the right to direct the manner in which the work shall be done, as well as the result to be accomplished, or in other words, not only what shall be done, but how it shall be done. Errickson v. F. W. Schwiers, Jr., Co., 108 N.J.L. 481, 158 A. 482. Direction here can be found in the record by the assignment by respondent to petitioner of her duties, that is to care for his infant daughter, the fixing of her hours of duty, including the so-called rest period and in fact the petitioner seems to have been as much an employee of the respondent as any other of his servants. Bertsch v. Jones, 128...
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