Workmen's Compensation — Employer — Employe of A company paid by B company — Circumstances — Findings of compensation authorities.
In a workmen's compensation case, in which it appeared that claimant's decedent was employed by A company as a foreman on a job which A was performing as subcontractor for B company; that, because of financial difficulties of A, B had been compelled to advance to A the amount of its payroll in order to keep A's men on the job, and had advanced to A all of the money due on A's subcontract, although a large proportion of the work remained to be done by A; that it was then decided that B was to pay A's men directly, and before work started on the day in which decedent was injured A's men were told by decedent that thereafter they were to be paid by B, received badges as B's employes, and B deducted withholding and social security taxes and issued a W-2 form to them showing the amount paid; that the compensation authorities found that decedent remained in the employ and under the supervision of A, although for fiscal purposes he had been placed upon the payroll of B; and that the court below, holding that there was testimony to support the finding of the compensation authorities, dismissed A's appeal from the award against it; it was Held that the order of the court below should be affirmed.
Argued December 10, 1963.
OPINION PER CURIAM, March 17, 1964:
The order of the Court of Common Pleas of Lehigh County is affirmed on the opinion of President Judge JAMES F. HENNINGER for the court below, reported at 32 Pa. D. C. 2d 583.