# Peck v. Delaware County Board of Prison Inspectors

> Supreme Court of Pennsylvania · December 31, 2002 · 572 Pa. 249

URL: https://www.frixlaw.com/law-library/cases/9746423

## Case

- **Full name:** John PECK, Appellee, v. DELAWARE COUNTY BOARD OF PRISON INSPECTORS, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 31, 2002
- **Citations:** 572 Pa. 249; 814 A.2d 185; 2002 Pa. LEXIS 3109
- **Precedential status:** Published
- **Opinion:** Dissent by Cappy
- **Judges:** Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9746423

## How later opinions describe it (automated extraction)

- stating that “[although not apparent from its, express terms, the language from Section 203 ... confers upon the statutory employer immunity from suit. This is because. Section 303(a) ... makes the workers' compensation system the exclusive, remedy for an injured employee seek…
- describing the “classic statutory employer situation” in which “a property owner hires the general contractor, who hires a subcontractor to do specialized work on the jobsite, and an employee of the subcontractor is injured in the course of his employment”
- affirming finding that party was not a statutory employer because of a lack of a contract between the party and the property owner

## Opinion text

Justice CAPPY,
Dissenting.
I respectfully dissent, joining only that portion of Justice Castille’s dissenting opinion which would conclude that the legislation creating the Delaware County Board of Prison Inspectors is sufficient to satisfy the contract element of the test set out in McDonald v. Levinson Steel Co., 302 Pa. 287 , 153 A. 424 (1930) for determining whether a party is a statutory employer under Section 203 of the Workers’ Compensation Act. 77 P.S. § 52.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9746423. Public record. Not legal advice.