Section 69.414 - Citing Judicial Opinions in Filings

1 Analyses of this regulation by attorneys

  1. Workers’ Compensation - Independent Contractor

    Law Offices of Daniel J. Siegel, LLCDaniel SiegelMarch 30, 2016

    Edwards v. WCAB (Epicure Home Care, Inc.) , 1106 C.D. 2015 (Pa.Cmwlth. March 10, 2016)Holding: Although no single factor is dispositive when determining whether a claimant is an employee or an independent contractor, control over the work to be completed and the manner in which it is to be performed are primary factors in determining employee status. Although factors indicative of an employer- employee relationship existed here , the Commonwealth Court was persuaded by its holding in Fletcher v. WCAB (Saia d/b/a Visiting Ang els) , 1664 C.D. 2009, 2010 WL 9513248 (Pa.Cmwlth. March 26, 2010), an unreported case that cannot be used as binding precedent pursuant to 210 Pa. Code. § 69.414.