NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4251-17T3 LILIA ORELLANA, Petitioner-Respondent, v. CHABAD LUBAVITCH JEWISH CENTER OF MONROE, Respondent-Appellant. _____________________________ Argued September 10, 2019 – Decided October 9, 2019 Before Judges Yannotti and Firko. On appeal from the New Jersey Department of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-030632. David Hoffman argued the cause for appellant (Wysoker Glassner Weingartner Gonzalez & Lockspeiser, PA, attorneys; David Hoffman, on the briefs). Robert Blair White, III argued the cause for respondent (Garces Grabler & LeBrocq, PC, attorneys; Robert Blair White, III, on the brief). PER CURIAM Respondent Chabad Lubavitch Jewish Center of Monroe (Center) appeals from orders entered on March 26, April 16, and May 7, 2018 by the Division of Workers' Compensation. On March 26, the judge of compensation converted a pretrial conference to a motion for temporary disability and medical benefits. The April 16 order granted petitioner Lilia Orellana's motion and awarded her temporary disability and medical benefits. The May 7 order dismissed, without prejudice, a claim for benefits against the Rabbinical College of North America (RCA). We affirm. I. Orellana, an illegal alien, worked for the Rabbi Eliezer Zaklikovsky and his wife, Chanie Zaklikovsky, off-the-books as a domestic helper, and asserts the Center was her employer. Orellana also claims that the Center employed the Zaklikovskys and allowed them to live in a residence owned by the Center in Monroe.1 1 Four petitions were filed in this matter: one against the Center and its carrier, Church Mutual Insurance; one against the Center as an uninsured entity; and one against the Zaklikovskys individually. The petition against the Center as an uninsured entity was amended to include the Zaklikovskys and Avraham Altein in their corporate capacities and is the subject of this appeal. A-4251-17T3 2 On August 23, 2017, during the course of her employment, Orellana slipped and fell on stairs at the Zaklikovsky home. Unable to stand, Orellana was transported by ambulance, ordered by the Zaklikovsky's daughter, to an emergency room for treatment. Orellana sustained a meniscal tear to her left knee, as well as lumbar and cervical herniations. She testified that the emergency room personnel would not treat her injuries because they were work- related and her employer "had to be notified." The Center did not maintain workers' compensation insurance at the time of petitioner's accident. Thereafter, Orellana amended her petition to assert claims against the Zaklikovskys as the Center's owners and principal operators. The Center moved to join the RCA as a party, claiming RCA was Orellana's employer, and that RCA should provide coverage for her injuries since the Center was uninsured. The judge of compensation granted an adjournment early on in the ...
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