Osborne v. Forner

ANNUNZIATA, Judge.

The appellant, John Osborne, appeals a decision by the Workers’ Compensation Commission finding that the employer, Robert Forner, t/a Brush of Class, did not regularly employ three or more employees and was, therefore, not subject to the Workers’ Compensation Act. For the following reasons, we affirm.

BACKGROUND

Osborne was injured on November 4,1997 while working for Robert Forner. Forner, a sole proprietor, works as a painting contractor. In October 1997, Osborne was in a paint store filling out an employment application when he met Forner. Forner testified that he “had a…