Dept. of Labor & Industry v. Workers' Compensation Appeals Board (majority)Annotate this Case
Fu Xiang Lin began performing remodeling work for Eastern Taste, a restaurant that had not yet opened for business. Lin and three other individuals were hired by Lin’s sister-in-law, Sai Zheng Zheng, who was the owner of Eastern Taste. They did not sign a written contract, but Lin was to be paid for his services on a per diem basis. Lin had worked in remodeling for fifteen years, and he was the most experienced individual involved in the project. Although Wang purchased the materials necessary for the project, Lin brought and used his own tools. Lin was hired only to complete the remodeling work. While repairing a chimney, Lin fell from a beam and landed on a cement floor, suffering serious injuries. In addition to numerous bone fractures, the impact caused trauma to Lin’s spinal cord, rendering him paraplegic. Lin filed a workers’ compensation claim petition against Eastern Taste. Because Eastern Taste did not maintain workers’ compensation insurance, Lin additionally filed a petition for benefits from the Uninsured Employers Guaranty Fund (the “Fund”). Both Eastern Taste and the Fund filed answers denying, inter alia, the existence of an employment relationship. In this appeal, the issue before the Pennsylvania Supreme Court was whether, pursuant to the Construction Workplace Misclassification Act (“CWMA” or “the Act”), Lin was eligible for compensation under the Workers’ Compensation Act. The Commonwealth Court determined that the CWMA was inapplicable under these circumstances, that the claimant otherwise failed to establish that he was an employee of the restaurant, and that he accordingly was ineligible for workers’ compensation benefits. Finding no error, the Supreme Court affirmed the order of the Commonwealth Court.