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AMERICAN ROAD LINES v. W.C.A.B.(ROYAL)

Nos. 2419 C.D. 2010, 2428 C.D. 2010

39 A.3d 603 (2012)

AMERICAN ROAD LINES and Lexington Insurance Company, Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (ROYAL), Respondent. Frederick Royal, Dec'd/ Darlene Royal, Petitioner v. Workers' Compensation Appeal Board (Ayerplace Enterprises, LLC, American Road Lines, Inc. and Uninsured Employer Guaranty Fund), Respondents.

Commonwealth Court of Pennsylvania.

Decided February 23, 2012.

Attorney(s) appearing for the Case

Barry C. Shabbick , Palmerton, for petitioners Frederick and Darlene Royal.

Victor N. Lea , Allentown, for respondent Ayerplace Enterprises, LLC.

Kevin E. Harchar , Scranton, for respondent Uninsured Employer Guaranty Fund.

Michael A. Sebastian , Scranton, for respondent American Road Lines, Inc.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

In this case involving potential joint employers in the trucking industry, we address whether the Workers' Compensation Appeal Board (Board) erred in reversing a Workers' Compensation Judge (WCJ) opinion and order finding an owner-operator and motor carrier jointly liable for the work-related injuries and death of their truck driver, Frederick Royal, (Decedent) under the Workers' Compensation Act (Act).1 The Board...

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