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Monday, September 15, 2014

ERIC G. HANISKO VS. BILLY CASPER GOLF MANAGEMENT, INC., ET AL. A-5053-12T4

ERIC G. HANISKO VS. BILLY CASPER GOLF MANAGEMENT, INC., ET AL. 
A-5053-12T4 
In this appeal, we revisit the application of the special employer-special employee relationship addressed in Blessing v. T. Shriver & Co., 94 N.J. Super. 426 (App. Div. 1967), and, in doing so, affirm the grant of summary judgment to defendants. Plaintiff, the superintendent of a golf club, sustained injuries in his employer-provided residence. Applying the Blessing factors, we found plaintiff was employed by both the management company that managed the golf club, and the golf club. We rejected plaintiff's contention that judicial estoppel precluded 

the golf club from asserting the exclusivity provisions of the Workers' Compensation Act, N.J.S.A. 34:15-1 to -128, as a bar to plaintiff's action in Superior Court against the golf club. In addition, we found no error in the trial court's consideration, for summary judgment purposes, the fully executed employment agreement, which was not turned over to plaintiff during the course of discovery. We agreed, as the motion judge found, the parties did not dispute the authenticity of the document.