Workers’ Compensation • Independent Contractor • Construction Workplace Misclassification Act • Common Law Factors • Retroactivity
D & R Constr. v. Workers’ Compensation Appeal Bd., PICS Case No. 17-1278 (Pa. Commw. Aug. 1, 2017) Hearthway, J. (15 pages).
Workers’ compensation appeal board erred in applying the construction workplace misclassification act to find that claimant was an employee rather than an independent contractor because claimant’s injury occurred prior to the enactment of the CWMA, the CWMA could not be applied retroactively since it affected substantive rights and it could not be used as guidance to evaluate the traditional factors since it was not a mere clarification of the common-law factors. Reversed.
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