Case law Update | Friedman v. WCAB (Pa. Cmwlth. July 30, 2015) | PA Work Injury

July 30, 2015

Today, SCOPA denied review of CC’s December 2014 published opinion by Friedman (with Cohn Jub & Brobson) in Zwick, 106 A.3d 251. 

 

Claimant, an undocumented worker from Guatemala who got construction work on a residence for Employer in Fairmount.  An accident with a saw led Claimant to lose two fingers.  Zwick, repped by Daniel Lewbart, tried to evade employer status.  UEGF intervened.  CC not having it:

 

Section 302(a) applies to "any scenario in which a 'contractor . . . subcontracts all or any part of a contract,' within the scope of the work delineated in [s]ection 302(a)'s [12]  specialized definition of 'contractor' (including work of a kind which is a 'regular or recurrent part of the business' of the putative statutory employer)." Id. at 1157 (citing 77 P.S. §461).  Here, the evidence established that Zwick was in the business of rehabilitating properties for resale and that the construction work Claimant performed was a regular part of Zwick's business. Accordingly, because the WCAB correctly determined that Zwick was a statutory employer under section 302(a) of the Act, we affirm.

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