Nevin Trucking v. Workmen's Compensation Appeal Board

KELLEY, Judge.

Nevin Trucking (employer) appeals from an order of the Workmen’s Compensation Appeal Board affirming the referee’s decision which granted the claim petition filed by Shawn Murdock (claimant). We reverse.

Employer raises three issues on appeal:(1) whether the referee’s decision, which found that an employer/employee relationship existed between claimant and employer, was supported by substantial evidence;(2) whether the referee committed an error of law when he concluded that claimant was within the scope of his employment while engaged in an activity strictly prohibited and…