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DEPT. OF LABOR v. WORKERS' COMP. APPEAL BD.

No. 27 EAP 2017.

187 A.3d 914 (2018)

DEPARTMENT OF LABOR AND INDUSTRY, Uninsured Employers Guaranty Fund v. WORKERS' COMPENSATION APPEAL BOARD (LIN AND EASTERN TASTE). Appeal of: Fu Xiang Lin.

Supreme Court of Pennsylvania.

Decided: June 26, 2018.

Attorney(s) appearing for the Case

Joseph C. Huttemann II, Esq. , Frank Joseph Udinson II, Esq. , Martin Law LLC, for Fu Xiang Lin.

Amber Marie Kenger, Esq. , Cindy Elaine Sheaffer, Esq. , Pennsylvania Workers' Compensation Appeal Board, for Workers' Compensation Appeal Board.

Brian Jay Kredo, Esq. , Mednick, Mezyk & Kredo, P.C., for Eastern Taste.

Eric G. Preputnick, Esq. , Pennsylvania Bureau of Workers' Compensation, Craig A. Schroll, Esq. , Pennsylvania Department of Labor & Industry, for Uninsured Employers Guaranty Fund.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this appeal, we consider whether an individual contracted to perform renovations for a restaurant falls within the Construction Workplace Misclassification Act ("CWMA" or "the Act"), 43 P.S. §§ 933.1-933.17, such that he may be eligible...

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