CP# 2008-30878 and 2008-27756. Arthur Wirkijowski, Petitioner.

CourtNew Jersey
New Jersey Workers Compensation 2011. CP# 2008-30878 and 2008-27756. Arthur Wirkijowski, Petitioner CP# 2008-30878 Wirkijowski v. US Pack Courier Service Corp and Contractor Management Service and CP# 2008-27756 Wirkijowski v. Dompat Trucking LLC and Robert Balon, Individually STATE OF NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION HACKENSACK VICINAGE C.P.#'s 2008-30878 and 2008-27756Arthur Wirkijowski, PetitionerVS.US Pack Courier Service Corp and Contractor Management Service and Dompat Trucking LLC and Robert Balon, Individually, RespondentsDECISION This is the court's decision in the matter of Artur Wirkijowski v. US Pack Courier Service Corp and Contractor Management Service Claim Petition 2008 30878 and Artur Wirkijowski v. Dompat Trucking LLC and Robert Balon, Individually Claim Petition 2008-27756. The issues before the court are three: 1: does New Jersey have jurisdiction; 2: is petitioner an employee or independent contractor; and 3: if New Jersey does have jurisdiction and petitioner is an employee, is there workers' compensation coverage. Petitioner was injured in New York City on September 3, 2008 while unloading a skid from a box truck he was driving for respondent US Pack Courier Service Corp (hereinafter "US Pack"). The truck in question had a sign on it that read US Pack. Petitioner resides in New Jersey. He began making deliveries for US Pack in February 2008. Initially, petitioner drove a van which had a sign for US Pack. In July 2008, petitioner began driving a box truck which also bore a US Pack sign. Petitioner did not own any of the vehicles that he drove. The vehicles were kept at a Port Authority warehouse in Jersey City. Petitioner reported to the Jersey City warehouse each day and loaded his assigned vehicle. Following the completion of his deliveries, the petitioner returned the vehicle to the Port Authority Jersey City warehouse, and from the warehouse, he would fax the daily manifests to the US Pack office. Petitioner made deliveries to locations in both New York and New Jersey. Petitioner delivered primarily to two companies for US Pact. Three days per week he delivered to the Port Authority and two days per week to Chase Bank. On the day of the accident, petitioner reported to the Jersey City warehouse, loaded his truck and traveled to New York...

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