Porta-Pacific v. Smithers

Opinion by

Judge NEY.

Porta-Pacific Corporation (Porta-Pacific) seeks review of the final order of the Industrial Claim Appeals Office (Panel) insofar as it affirmed the finding of the Administrative Law Judge (ALJ) that Porta-Pa-cific was the statutory employer of Frederick Smithers (claimant) and, thus, was liable for benefits awarded to claimant. We affirm in part and reverse in part.

Claimant was injured in October 1985, while performing repair work on a warehouse co-owned by Porta-Pacific. The owners of the warehouse had contracted with Fred Burr to perform the work. Burr, in turn, asked…