Department of Labor & Industry v. Workers' Compensation Appeal Board (Lin & Eastern Taste)

OPINION BY

JUDGE HEARTHWAY

The Commonwealth of Pennsylvania, Department of Labor and Industry, Uninsured Employers Guaranty Fund (Fund) petitions for review of the March 23, 2016, order of the Workers’ Compensation Appeal Board (Board), which affirmed the October 28, 2015, decision of the workers’ compensation judge (WCJ) awarding Fu Xiang Lin (Claimant) benefits on remand pursuant to the Board’s previous order of January 6, 2015, and which made the Board’s January 6, 2015, order final. Because we determine that Claimant was not an employee of Eastern Taste at the time of his injury, we reverse.