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D'ANNUNZIO v. PRUDENTIAL INS. CO.

891 A.2d 673 (2006)

383 N.J. Super. 270

George D'ANNUNZIO, Plaintiff-Appellant, and George D'Annunzio, D.C., Professional Association, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Prudential Property and Casualty Insurance Company of New Jersey, Art Ryan, Roger Desjadon, Franklin Baggett, Tony Locastro, Linda Fraistat, Frank Hruska and Kathy Savvas, Defendants-Respondents, and Tom Mooney and First Managed Care Options, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 2006.

Attorney(s) appearing for the Case

William O. Crutchlow argued the cause for appellants (Eichen Levinson, attorneys; Mr. Curtchlow, on the brief).

J. Michael Riordan argued the cause for respondents (Bressler, Amery & Ross, attorneys; Mr. Riordan and Paul Castronovo, on the brief).

Before Judges A.A. RODRÍGUEZ, C.S. FISHER and YANNOTTI.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we determine whether a chiropractor hired by an insurance company to review medical records is an employee entitled to the protection and remedies provided by the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. We conclude that CEPA's definition of "employee" turns on the employer's "control and direction" of the worker and, thus, does not foreclose the likelihood...

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