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Estate of Myroslava Kotsovska, by Olena Kotsovska

NJSUPERCTAPPDIVDecember 26, 2013No. A-5512-11T4Cited 1 time
RemandedSaul Liebman$565,806.37 at issue
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Case Details

Citation
433 N.J. Super. 537, 81 A.3d 715
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

Appellate Division held that the question of whether decedent was an employee or independent contractor should have been transferred to the Division of Workers' Compensation, and jury instructions on the issue were flawed. Damages verdict ($565,806.37) preserved pending remand to the Division to determine employment status.

What This Ruling Means

# Court Ruling Summary: Kotsovska Case **What Happened** Myroslava Kotsovska's estate (represented by her daughter Olena) sued employer Saul Liebman after Kotsovska was fired from her job. The case involved questions about whether Kotsovska was properly classified as an employee and whether her termination was wrongful. **What the Court Decided** An appeals court upheld a jury's award of $565,806.37 in damages to Kotsovska's estate, meaning the lower court got the money amount right. However, the court found a serious problem: the trial court should have asked New Jersey's workers' compensation division to determine Kotsovska's employment status instead of letting the jury decide. The jury also received confusing instructions about this issue. The case was sent back to the workers' compensation division to properly resolve the employment status question. **Why This Matters for Workers** This ruling shows that employment status disputes—determining whether someone is actually an employee—are specialized questions that belong with the workers' compensation division, not regular juries. This helps ensure consistent, fair treatment when workers challenge wrongful termination claims.

This summary was generated to explain the ruling in plain English and is not legal advice.

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