McCarthy v. Dan Lepore & Sons Co., Inc.

KELLY, J.:

Appellant, Gerald McCarthy (“McCarthy”), asks us to determine whether Appellee, Dan Lepore & Sons Co., Inc. (“Lepore”), qualifies as a statutory employer. Specifically, we must address Lepore’s “statutory employer” status with respect to Appellant, who was an employee of Lepore’s subcontractor on the construction site where the injuries occurred. Under the law as it exists in this jurisdiction, we hold that Lepore is a “statutory employer” of its subcontractor’s employee. Accordingly, we affirm the trial court’s grant of summary judgment in favor of Lepore on that basis.

The relevant…