Estate of Kotsovska v. Liebman, A-5512-11T4; Appellate Division; opinion by Accurso, J.A.D.; decided and approved for publication December 26, 2013. Before Judges Grall, Simonelli and Accurso. On appeal from the Law Division, Union County, L-4258-09. [Sat below: Judge Perfilio.] DDS No. 36-2-2362 [18 pp.]
Defendant Saul Liebman appeals from a $565,806.37 final judgment in this wrongful-death action, following a jury verdict in favor of the estate of Myroslava Kotsovska, and from the denial of his motion for a new trial. Liebman contends that decedent was his employee, and thus the Workers’ Compensation Act’s exclusivity bar prohibits her estate from maintaining this action. The primary issue is whether the question of the decedent’s status as an employee or independent contractor, which the jury determined adversely to Liebman, should have been decided in the Division of Workers’ Compensation.
