Case Law Update | Staron v. WCAB (Pa. Cmwlth. July 15, 2015) | PA Work Injury

August 5, 2015

Per S.J. Friedman: painter found to be an employee, not independent contractor.  He had not signed independent/subcontractor agreement when injured (fell off roof), although appears to have signed afterwards.  Construction Workplace Misclassification Act (CWMA) clearly requires contract be signed prior to injury.  Claimant won at all levels, repped by Dogum & Udinson of Martin. Employer repped by Larry Miller.

  

In addition to the written contract requirement, the CWMA requires that putative employers establish, inter alia, that:

(2) The individual’s arrangement with the person for whom the services are performed is such that the individual shall realize a profit or suffer a loss as a result of performing the services.

(3) The individual performs the services through a business in which the individual has a proprietary interest.

(4) The individual maintains a business location that is separate from the location of the person for whom the services are being performed.

….

(6) The individual maintains liability insurance during the term of this contract of at least $50,000.  

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