UNIVERSAL AM-CAN, LTD. v. W.C.A.B. (MINTEER)


762 A.2d 328 (2000)

UNIVERSAL AM-CAN, LTD. and National Union/AIAC, Appellants, v. WORKERS' COMPENSATION APPEAL BOARD (Clarence O. MINTEER), Appellee.

Supreme Court of Pennsylvania.

Decided November 27, 2000.


Attorney(s) appearing for the Case

Paul S. Mazeski, Pittsburgh, for Universal Am-Can, Ltd.

Mark Gordon, Pittsburgh, Michael A. Cohen, Philadelphia, Robert J. Goduto, Harrisburg, amici curiae.

John W. McTiernan, Daniel K. Bricmont, Pittsburgh, for Clarence Minteer.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

ZAPPALA, Justice.

The sole issue in this appeal is whether Claimant Clarence O. Minteer was an employee, or an independent contractor, of Appellant Universal Am-Can, Ltd. for the purposes of the Pennsylvania Workers' Compensation Act. For the reasons that follow, we determine that Minteer was an independent contractor. Thus, we reverse the order of the Commonwealth Court.

Minteer is an owner-operator of a tractor-trailer unit. Pursuant...

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