Legal Opinion · Concurrence

Brookhaven Baptist Church v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided December 27, 2006Published

1ConcurrenceEakin, Justice

I agree with the majority that the Commonwealth Court’s order should be reversed. I write separately because I conclude the decedent was not a Church employee, but an independent contractor.

While no hard and fast rule exists to determine whether a relationship is that of employer-employee or owner-independent contractor, the analysis is not different merely because the services are law-related. Our case law is replete with guidelines and factors that must be taken into consideration when making this determination:

Control of manner work is to be done; responsibility for result only; terms of…

2Cases cited11 opinions

  1. Hammermill Paper Co. v. Rust Engineering Co.Supreme Court of Pennsylvania · 1968
  2. Universal Am-Can, Ltd. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2000
  3. Feller v. New Amsterdam Cas. Co.Supreme Court of Pennsylvania · 1949
  4. Feller v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1950
  5. J. Miller Co. v. MixterCommonwealth Court of Pennsylvania · 1971

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