May 26, 2011 : Jennifer G. Laver Obtains Favorable Workers' Compensation Trial Result
Jennifer Laver prevailed at the trial level and on Appeal in Williamson v. Crossroads Program, Inc. The Appellate Division affirmed the trial court's decision that the petitioner, a foster parent, was not an employee of Crossroads Program, Inc. for the purposes of workers' compensation.
The petitioner was injured on October 21, 2008 while attending a training seminar for licensed foster care providers at a community center. While ascending the step to the meeting location, she fell and shattered her left patella and injured her lower back.
The lower court found that the petitioner was not an employee of Crossroads and that DYFS did not exercise enough control to establish the employee/employer relationship.
The petitioner appealed the decision and the Appellate Division affirmed. They first held that no employee/employer relationship existed under the "control test" because the petitioner 1) maintained control over the day to day care; 2) did not receive compensation beyond reimbursement; 3) Crossroads did not furnish any equipment; and 4) Crossroads itself did not have the right to terminate the petitioner's status as a foster parent.
The Appellate Court then evaluated the claim under the "relative nature of the work test" finding that, again, the petitioner failed to satisfy this test. They held that while the petitioner could be considered an "integral part of the regular business" of Crossroads, that the criteria that qualified her to do the "work" prevented her from being substantially economically dependent on Crossroads. Specifically, she was required to show financial independence to qualify as a foster parent.
This was a very significant win that allows DYFS to continue to operate as they do in providing foster care without establishing an employment relationship each time they do so with the attendant exposure for claims such as this.
File Under: Results, Workers' Compensation, Jennifer G. Laver