1314 in contrast however volunteers who act out of

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1314 In contrast, however, volunteers who act out of civic or charitable motives with no expectation of payment are not employees. Cerniglia v. City of Passaic, 50 N.J.Super. 201, 208, 141 A.2d 558 (App.Div.1958). “It is clear that one who volunteers his [or her] services and neither receives nor expects to receive payment is not an employee for workers’ compensation purposes.” Veit v. Courier Post Newspaper, 154 N.J.Super. 572, 574, 382 A.2d 62 (App.Div.1977) (citing Cerniglia, supra, 50 N.J.Super. 201, 141 A.2d 558; Armitage v. Trs. of Mt. Fern M.E. Church, 33 N.J.Super. 367, 110 A.2d 154 (Cty.Ct.1954); 1A Larson, Workmen's Compensation Law, § 47.41 (1973)). The Cerniglia court noted that “[t]he [workers'] compensation decisions uniformly exclude from the definition of ‘employee’ those who neither receive nor expect to receive any kind of pay for their services.” Cerniglia, supra, 50 N.J.Super. at 208, 141 A.2d 558 (citing 1A Larson, supra, § 47.41 at 696). V. In this case, Walrond was to receive his salary from the South Brunswick Police Department during his scheduled week as duty officer for the Academy. He remained in South Brunswick’s general employment. However, the Academy provided Walrond no financial consideration whatsoever. He received neither wages nor non-monetary benefits for his work, such as additional training, equipment, or free room and board. Moreover, the Academy did not in any way compensate or reimburse the South Brunswick Police Department for Walrond’s services. Unlike the petitioner in Pickett, it cannot be said that Walrond received even indirect consideration from the Academy for his services. In Marino where special employment was not found, Marino was paid by his general employer “for the duration of his work at the [borrowed employment]. [The borrowing employer] made no contributions to his wages or benefits, nor did it offer any payment to the [general employer] in exchange for Marino’s work.” Marino, supra, 358 F.3d at 253. In our case, Walrond was a volunteer duty officer uncompensated by the Academy. Walrond cannot under the Workers’ Compensation Act be considered an employee of the Academy,
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Spring 2017 LER 590-E: GOVERNMENT REGULATION II 94 | P a g e special or otherwise, and he is, therefore, not subject to the exclusivity provision of the Act. Accordingly, we reinstate Walrond’s negligence suit and remand for further proceedings. Reversed and remanded. All Citations 382 N.J.Super. 227, 888 A.2d 491, 23 IER Cases 1858 - patrolman-alert-and-resting/ (News story). 817 F.Supp. 54, 61 Fair Empl.Prac.Cas. (BNA) 332, 61 Empl. Prac. Dec. P 42,343 United States District Court, N.D. Ohio, Western Division . Noel C. CARR, Plaintiff, v. ARMSTRONG AIR CONDITIONING, INC., et al., Defendants . Feb. 8, 1993. John W. Potter, Senior District Judge. Plaintiff was employed with Armstrong Air Conditioning for approximately twenty-nine years. On December 19, 1990, plaintiff executed a severance agreement in which he received various benefits in exchange for being terminated. Plaintiff now alleges he was wrongfully discharged based upon age discrimination. Defendants deny plaintiff’s allegations and filed a counterclaim based upon the severance
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