CP# 2002-40978 (2007). RODERICK POPE, Petitioner vs. SALVATION ARMY, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2007. CP# 2002-40978 (2007). RODERICK POPE, Petitioner vs. SALVATION ARMY, Respondent NEW JERSEY DEPARTMENT OF LABOR DIVISION OF WORKERS' COMPENSATION ELIZABETH, UNION COUNTY DISTRICT.RODERICK POPE, Petitioner, vs. SALVATION ARMY, Respondent.CLAIM PETITION NO.: 2002-40978DECISION:OCTOBER 18, 2007BEFORE:THE HONORABLE PETER F. WOMACK,JUDGE OF COMPENSATION.APPEARANCES: THOMAS E. HOOD, ESQS., BY: GERALD DELLA SALLA, ESQ., NO APPEARANCE Attorneys for the PetitionerCAPEHART and SCATCHARD, ESQS, BY: MELISSA BIABLOS, ESQ., NO APPEARANCE. Attorneys for the Respondent.THERESA M. GIAIMO, CERTIFIED SHORTHAND REPORTER WILLIAM C. O'BRIEN ASSOCIATES 525 BOULEVARD, P.O. BOX 428 KENILWORTH, NEW JERSEY 07033 (908) 276-8664The COURT: In the matter of Roderick Pope versus Salvation Army, Claim Petition 2002-40978, the petitioner was injured on March 29, 2002 while pulling a clothes cart for the Salvation Army. The issue is whether Petitioner is in an employment relationship with the Salvation Army. Petitioner was incarcerated in the Union County Jail Complex for six months, for violating his parole. Four months into his sentence he became aware of a drug program offered by the Salvation Army. Petitioner was aware that if he was accepted in the program he would be in the program for six months. He would receive housing, meals, clothes and $18 a week. He would be receiving counselling on drug problems. This was an interfaith based program so he would be going to religious classes on a regular base. He would work five days a week as well. If he broke any rules in the drug program he would be back in jail for the rest of his sentence. When asked why he signed up for the program, Petitioner replied that he had a drug problem and felt he needed help in handling this problem. Petitioner stated that he could have easily spent the last two months doing his jail time, but he wanted drug rehabilitation. Petitioner also indicated he had been in a different type of drug rehabilitation in the past, so that he had some idea what a drug rehabilitation program was like. He specifically indicated that he did not think he was applying for a job, but he was applying to get into a drug rehabilitation program. Mr. Philip Dougherty did appear for the respondent as a witness and stated that he used to work for the...