There was no discussion about the specific day of the week petitioner would clean and no agreement that petitioner herself would do the cleaning.

The Court said that respondent did not control how petitioner did her cleaning, what supplies she used, or who did the cleaning. August 22, 2012) holding that there was insufficient control of petitioner’s work activities to constitute an employer/employee relationship. Marguerite Holloway, A-5913-10T3 (App.Div. The Appellate Division reversed in Lukasik v. Respondent appealed and contended that petitioner was an independent contractor under either the “control” test or the “relative nature of the work” test. The Judge found 45% of the hand or $22,170.75. The Judge focused on the right of control test and noted that respondents set the day for the work to be done, expected her to provide this service on a regular basis, and had the ability to direct her work even if they chose not to do so. The Judge of Compensation ruled in petitioner’s favor and held she was an employee. Petitioner filed a workers’ compensation claim asserting that she was employed by respondents when she was injured. Thereafter, respondent refused to pay her for the cleaning and supplies. She told respondents that she needed to purchase supplies and expected to be reimbursed for those costs. She came to the house on another occasion but directed someone else and her daughter in doing the cleaning. An ambulance was called and petitioner received treatment for hand fractures. Within the first hour on the job, petitioner fell off a stool and injured her hand. On Janupetitioner came to the respondents’ home with a friend and began cleaning, using the supplies furnished by respondent. The parties did agree to $100 per day for cleaning services. A discussion occurred about the potential for doing laundry, but petitioner declined, stating that she would consider that in the future. Petitioner Lukasik and her daughter went to the home of respondents and examined the house. At that time she was cleaning five or six other houses and one office building on a regular basis. Respondents contacted Lukasik after hearing about her from an acquaintance.

Luz Lukasik agreed to provide house cleaning services for Marguerite Hollaway and two others.

Cleaning comp