On June 11, 2015, the Supreme Court of New Jersey reversed the Appellate Division’s decision in the Estate of Myroslava Kotsovska v. Saul Liebman case and held that the trial court was correct in awarding wrongful death benefits to the estate. In this case, Ms. Kotsovska was hired by Saul Liebman’s daughter to provide in home care for her father, who was 89 years old. She agreed to cook meals, do laundry and do light housekeeping in exchange for being paid $100 per day, cash. There was nothing in writing to formalize the agreement between the parties.
On December 8, 2008, Liebman and Kotsovska were running errands and stopped for lunch at a local diner. Liebman was driving. He dropped Kotsovska off on the sidewalk in front of the diner while he pulled into a parking space in front of where she was standing. Liebman accidentally pushed the accelerator, causing the car to pin Kotsovska against a wall. Unfortunately, she died from her injuries.
Ms. Kotsovska’s estate filed a wrongful death suit against Mr. Liebman, but did not file a workers’ compensation claim. Liebman argued that the case should be transferred to the Division of Workers’ Compensation for a determination of Kotsovska’s status as an employee versus an independent contractor. Mr. Liebman’s homeowner’s carrier stipulated that the accident arose from Kotsovska’s employment.