DeMarco v. Bouchard

WINKELSTEIN, J.S.C.

In this case the court is asked to decide whether plaintiff, Nicolena DeMarco, a baby-sitter at the residence of defendants, Stephen Y. Bouchard and Mary Lou Bouchard, qualifies as an employee of the defendants under the Workmen’s Compensation Act, N.J.S.A 34:15-1-34:15-128 (the Act), or was a casual employee and eligible to maintain a common law action for negligence.1 The defendants, the employers, aré seeking a declaration that plaintiff is subject to the Act, while plaintiff argues she is not subject to the Act and is free to proceed at common law. The only case law in…