Allen v. United States

OPINION

GERALD J. WEBER, District Judge.

In this Federal Tort Claims Act suit, the government has raised a statutory employer defense under the Pennsylvania Workmen’s Compensation Act, 77 Pa.S.A. § 1 et seq. Because we conclude that the United States was the owner of the site, and under the Workmen’s Compensation Act an owner cannot be a statutory employer, we will deny the government’s motion.

The United States Department of Energy (DOE) owns and operates a facility known as the Pittsburgh Energy Technology Center. Under a program designed to ensure the hiring of disadvantaged small businesses,…