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Continental Casualty Co. v. Ameritemp

February 23, 2009

CONTINENTAL CASUALTY COMPANY, PLAINTIFF-RESPONDENT,
v.
AMERITEMP, INC., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, L-5278-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 27, 2009

Before Judges Winkelstein, Fuentes and Chambers.

Defendant Ameritemp, Inc. (Ameritemp) appeals from a judgment requiring it to pay certain premiums to its insurer, plaintiff Continental Casualty Company (Continental). The premiums are to pay for New Jersey workers' compensation coverage for employees that Ameritemp maintains are Pennsylvania workers not entitled to workers' compensation benefits in New Jersey. We affirm.

Ameritemp is a temporary employment agency conducting its business in New Jersey and Pennsylvania and employing workers from both states. Continental provided New Jersey workers' compensation coverage to Ameritemp for its New Jersey employees from 1998 to 2004. The parties dispute whether Continental was entitled to charge premiums for workers classified as "8102-Seed Merchants." The parties stipulated that the "8102-Seed Merchants" workers "lived in New Jersey, worked in Pennsylvania, were hired in Pennsylvania and occasionally traveled to New Jersey in the course of their employment."

Initially, these employees had been viewed as Pennsylvania employees, and Continental did not charge premiums for them. However, after an audit revealed that Continental had paid New Jersey workers' compensation claims for at least two of these workers, it sought premiums for this class of workers, treating them as New Jersey employees. When Ameritemp disagreed, this litigation ensued.

After conducting a bench trial, the trial judge issued a comprehensive written decision dated February 19, 2008. He found that Continental properly charged insurance premiums for the employees classified as "8102-Seed Merchants." In reaching this conclusion, the trial judge set forth the six factors to be considered when determining if workers' compensation law applies.

There are six grounds on which the applicability of the particular Compensation Act has been asserted; they are that the local state is the:

(1) Place where the injury occurred;

(2) Place of making the contract;

(3) Place where the employment relation exists or is carried out;

(4) Place where the industry is ...


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