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ZIZZA v. DRESHER MECHANICAL CONTR., INC.

358 Pa.Super. 600 (1986)

518 A.2d 302

John S. ZIZZA, Jr., Appellant, v. DRESHER MECHANICAL CONTRACTORS, INC. and The Philadelphia Electric Company and Plymouth Transport, Inc. John S. ZIZZA, Jr. v. DRESHER MECHANICAL CONTRACTORS, INC. and the Philadelphia Electric Company and Plymouth Transport, Inc. Appeal of PLYMOUTH TRANSPORT, INC.

Supreme Court of Pennsylvania.

Filed November 28, 1986.

Attorney(s) appearing for the Case

Robert J. Greenberg, Broomall, for appellant (at 3222) and for appellee (at 3277).

Thomas K. Ellixson, Morton, for appellant (at 3277) and for appellee (at 3222).

Andrew L. Braunfeld, Norristown, for Dresher, appellee.

Kevin Connors, Philadelphia, for Philadelphia Elec., appellee.

Before CIRILLO, President Judge, and WICKERSHAM, BROSKY, McEWEN, OLSZEWSKI, MONTEMURO, BECK, KELLY and JOHNSON, JJ.

JOHNSON, Judge:

We are asked to determine whether the owner of a construction site and the contractor on that site qualify as statutory employers of a subcontractor's employee, and are thus immune from an action at law for damages under the Pennsylvania Workmen's Compensation Act (the Act). Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1, et seq. We find that the owner does not qualify as a statutory employer, but that the contractor does...

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