CP# 98-022505 (2004). SSN xxx-xx-xxxx EUGENE GREBOWICZ Petitioner , v. ALL AMERICAN ROOFING, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2004. CP# 98-022505 (2004). SSN xxx-xx-xxxx EUGENE GREBOWICZ Petitioner , v. ALL AMERICAN ROOFING, Respondent CP# 98-22505 Grebowicz v. All American Roofing - decision 1SSN xxx-xx-xxxx EUGENE GREBOWICZ Petitioner,v.ALL AMERICAN ROOFING, Respondent.STATE OF NEW JERSEY Department of Labor Division of Workers' CompensationClaim Petition No. 98-022505 The matter of Eugene Grebowicz v. All American Roofing as been bifurcated to determine a choice of laws issue - i.e. should the laws of New Jersey or Delaware pertain regarding the responsibility of a general contractor when a subcontractor is uninsured. The New Jersey Statute requires a general contractor to have insurance and obligates them to pay if the subcontractor is uninsured. The Delaware Statute has no similar provision. On April 23, 1998, the general contractor, All American Company, Inc. contracted with subcontractor, Darius Jakowiak to do a roofing job at site located in Wilmington, Delaware. All American Roofing Company, Inc. is a Delaware business. Darius Jakowiak is a New Jersey resident and his business and employees reside in New Jersey. All American Roofing contracted with Darius Jakowiak to provide a crew to handle the roofing at the construction site. All American Roofing Company, Inc. advised Darius Jakowiak that he must have Workers' Compensation coverage before beginning the work. All American Roofing was aware that the insurance coverage was required. Nevertheless on April 25, 1998, Darius Jakowiak appeared at the site with a crew of men all of which were New Jersey residents. The crew was allowed to commence working without showing proof of Workers' Compensation coverage. Eugene Grebowicz who was hired by the subcontractor, Darius Jakowiak, fell ofF the roof and sustained multiple injuries. The petitioner, Eugene Grebowicz incurred approximately $75,000.00 in unpaid medical bills and approximately two months of unpaid compensable lost time from work. Neither the general contractor nor the subcontractor had Workers' Compensation Insurance. The general contractor permitted the subcontractor Darius Jakowiak to hire a New Jersey crew to do work in Delaware. Since the general contractor and subcontractor did not have Workers' Compensation coverage, the petitioner applied to the New Jersey Uninsured Employer's Fund. The...