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Harrison v. Foster

Decided: June 24, 1958.

WILBERT H. HARRISON, PETITIONER-RESPONDENT,
v.
FLOYD FOSTER, TRADING AS FOSTER'S TAVERN, RESPONDENT-APPELLANT



On appeal from the Workmen's Compensation Division.

Collester, J.c.c.

Collester

This is an appeal from a decision rendered by the Division of Workmen's Compensation awarding compensation to the petitioner.

The sole issue raised on the appeal is the contention by the respondent that the petitioner did not establish by the preponderance of the evidence the relationship of employer-employee required under the statute to warrant an award for workmen's compensation. N.J.S.A. 34:15-1 et seq.

A review of the transcript results in the following findings of fact:

The petitioner, a musician playing several musical instruments as a "one man band," was hired by the respondent in February 1957 to work in the latter's tavern on Passaic Street, Passaic.

On May 4, 1957 the petitioner sustained an injury to his face when he was struck by the respondent's son, Marion Foster, when the latter was serving as a bartender in the tavern.

The evidence shows that petitioner was hired at a salary of $175 a week and he was to work specific evenings each week at certain designated hours entertaining the patrons of the defendant's tavern as a musician and singer. The respondent placed certain advertisements in the window of his tavern publicizing the petitioner.

Upon commencement of his employment the respondent gave instructions to the petitioner as to the kind of clothes he should wear and the type of music and songs he should

play and sing. He was directed to mingle with the patrons during the "break" periods and to play the music and songs the patrons requested.

On one occasion he was directed by the respondent to fix the microphone and to install the loud ...


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