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SMITH v. E.T.L. ENTERPRISES

155 N.J. Super. 343 (1978)

382 A.2d 939

BERKELEY R. SMITH, JR., PETITIONER-APPELLANT, v. E.T.L. ENTERPRISES, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 1978.

Attorney(s) appearing for the Case

Mr. Malcolm A. Colton argued the cause for appellant (Messrs. Colton and Colton, attorneys).

Mr. Norman A. Doyle, Jr. argued the cause for respondent.

Before Judges LYNCH, BISCHOFF and KOLE.

The opinion of the court was delivered by LYNCH, P.J.A.D.

In this case petitioner appeals from an order of the Division of Workers' Compensation which dismissed his petition on the ground that petitioner was an independent contractor at the time of the accident involved and was not an employee of respondent.

Because of the inadequate findings of fact in the Division we have determined to reverse and remand for specific findings of fact and conclusions.

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