Legal Opinion

Dep't of Labor & Indus. v. Workers' Comp. Appeal Bd.

Supreme Court of Pennsylvania

Decided June 26, 2018No. 27 EAP 2017Published

1Opinion of the Court

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE WECHT

In this appeal, we consider whether an individual contracted to perform renovations for a restaurant falls within the Construction Workplace Misclassification Act *916 ("CWMA" or "the Act"), 43 P.S. §§ 933.1 - 933.17, such that he may be eligible for compensation under the Workers' Compensation Act. The Commonwealth Court determined that the CWMA is inapplicable under these circumstances, that the claimant otherwise failed to establish that he was an employee of the restaurant, and that he accordingly is ineligible…

2Cases cited13 opinions

  1. Daniels v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  2. Leon E. Wintermyer, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2002
  3. Universal Am-Can, Ltd. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2000
  4. Oliver v. City of PittsburghSupreme Court of Pennsylvania · 2011
  5. Commonwealth v. WilsonSupreme Court of Pennsylvania · 1992

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