Romeo v. Romeo

The opinion of the Court was delivered by

PASHMAN, J.

In this case a wife seeks dependency benefits under the Workers’ Compensation Act, N.J.S.A. 34:15-1 et seq., by reason of the death of her husband in the course of his employment by the wife. We must consider whether the common law rule that contracts between spouses are unenforceable prevented the existence of a valid employment relationship—a prerequisite for recovery.

I

Facts

The essential facts are undisputed. Petitioner Irene Romeo and decedent Joseph Romeo were married in 1963 and lived together without separation until the husband’s…