Opinion

Scher v. Workers' Compensation Appeal Board

  • 740 A.2d 741
  • 1999 Pa. Commw. LEXIS 728
Court
Commonwealth Court of Pennsylvania
Filed
Sep 23, 1999
Status
Published
Author
Kelley
On the bench
Smith, Kelley, Mirarchi
Cited by
4 cases

stating that “the question of whether a claimant is an employee or an independent contractor is one of law, reviewable by the Board and this Court. This review, however, is to be based upon the findings of fact” and that neither the Board nor this Court may reweigh the evidence

How later courts described this case

  • stating that “the question of whether a claimant is an employee or an independent contractor is one of law, reviewable by the Board and this Court. This review, however, is to be based upon the findings of fact” and that neither the Board nor this Court may reweigh the evidence

Written by the judges who cited it.

The opinion

KELLEY, Judge,

dissenting.

I respectfully dissent.

While I agree that Claimant was an employee for purposes of taking notes of testimony in the courtroom, I do not agree with the majority that Claimant was an employee with regard to the production of transcripts. Claimant, not Employer, had total control over the manner in which the transcripts were prepared. Claimant alone determined how, where and when to prepare a transcript, whether to hire a typist and if so, who and the amount of compensation to be paid. Claimant also received additional payment for the production of transcripts from Employer and attorneys, which was apart from the salary provided by Employer. For these reasons, it is my belief that Claimant was acting as an independent contractor, not an employee, for purposes of preparing transcripts. As Claimant was injured en route to the typist to procure a prepared transcript, I believe that Claimant is not eligible to receive workers’ compensation benefits. Accordingly, I would affirm the order of the Board denying workers’ compensation benefits.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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