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ROLICK v. COLLINS PINE CO.

No. 90-3313.

925 F.2d 661 (1991)

William ROLICK, Appellant, v. COLLINS PINE COMPANY; and Collins Pine Company, t/d/b/a Kane Hardwood Division.

United States Court of Appeals, Third Circuit.

Decided February 5, 1991.

Attorney(s) appearing for the Case

Janice G. O'Reilly (argued), Berger, Kapetan, Malakoff & Meyers, Pittsburgh, Pa., for appellant.

Edward C. Schmidt (argued), Rose, Schmidt, Hasley & DiSalle, Pittsburgh, Pa., for appellees.

Before BECKER and NYGAARD, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this diversity case we must decide whether William Rolick is an independent contractor or a statutory employee within the meaning of the Pennsylvania Workmen's Compensation Act, 77 Pa.Stat.Ann. §§ 1-1603 (Purdon 1987) ("PWCA"). Rolick was a logger. One winter day while cutting timber in the Allegheny National Forest, Rolick was struck by a birch tree which broke his neck. He is now a quadriplegic...

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