Yoder v. McCarthy Constr., Inc., 2023 Pa. Super. LEXIS 36 (January 31, 2023) (Bender, P.J.E.) Appellant, McCarthy Construction, Inc. ("McCarthy"), appeals from the $5,590,650.69 judgment entered in favor of Appellee, Jason Yoder, and against McCarthy following a jury trial. In its appeal, McCarthy asks us to determine whether it qualifies as Mr. Yoder's statutory employer under the Workers' Compensation Act ("WCA"), such that it is immune from suit. Pertinent to our review, under Section 302(b) of the WCA, 77 P.S. § 462, general contractors take on secondary liability for the payment of workers' compensation benefits to the injured employees of their subcontractors. See Patton v. Worthington Associates, Inc., 625 Pa. 1, 89 A.3d 643, 645 (Pa. 2014). Thus, if the subcontractor-employers default, these general contractors must pay workers' compensation benefits to the subcontractor-employees. As such, although they are not the actual employers of the subcontractor-employees, general contractors are considered "statutory employers" of the subcontractor-employees due to their treatment under the WCA. Our legislature's "purpose in imposing this status upon general contractors was remedial, as it wished to ensure payment of workers' compensation benefits in the event of defaults by primarily liable subcontractors." In exchange for assuming secondary liability for the…
WORKERS’ COMPENSATION-IMMUNITY-STATUTORY EMPLOYER
February 3rd, 2023 by Rieders Travis in Workers' Compensation