Hain v. Borough of West Reading

1 Pa. D. & C.5th 273
CourtPennsylvania Court of Common Pleas, Berks County
DecidedNovember 13, 2007
Docketno. 04-14640
StatusPublished

This text of 1 Pa. D. & C.5th 273 (Hain v. Borough of West Reading) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hain v. Borough of West Reading, 1 Pa. D. & C.5th 273 (Pa. Super. Ct. 2007).

Opinion

LASH, J.,

The matter before this court is the motion of defendant, Stirling Engineering & Construction Inc., for summary judgment. Stirling claims, as a matter of law, that it is entitled to statutory employer immunity under the Pennsylvania Workers’ Compensation Act.1 Plaintiff, Archer Hain, argues that under these facts and circumstances, the statutory employer defense is a violation of plaintiff’s constitutionally protected due process rights and, therefore, the motion for summary judgment should be denied. For reasons set forth herein, this court grants the motion for summary judgment.

In Jones v. SEPTA, 565 Pa. 211, 216, 772 A.2d 435, 438 (2001), the Supreme Court restated the standard for granting summary judgment:

[275]*275“Summary judgment will be entered only where there is no genuine issue as to any material fact and it is clear that the moving party is entitled to a judgment as a matter of law. Skipworth v. Lead Industries Association Inc., 547 Pa. 224, 230, 690 A.2d 169, 171 (1997). Summary judgment is proper in cases in which 4 an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to a cause of action or defense in which a jury trial would require the issues be submitted to a jury.’ Pa.R.C.P. 1035.2(2). We review the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Pennsylvania State University v. County of Centre, 532 Pa. 142, 144-45, 615 A.2d 303, 304 (1992).”

The Act provides a no-fault system for compensation by employers for work-related injuries sustained by employees. The Act also grants immunity to employers from separate tort liability for work-related injuries. Under the Act, the protected class of employers is not limited solely to actual employers but includes what is known as “statutory” employers, as defined under section 52 of the Act, which states:

“An employer who permits the entry upon premises occupied by him or under his control of a laborer or an assistant hired by an employer or contractor, for the performance upon such premises of a part of the employer’s regular business entrusted to such employee or contractor, shall be liable to such laborer or assistant in the same manner and to the same extent as to his own employee.”

[276]*276To determine what constitutes a statutory employer, our courts have relied on long-standing precedent established by the Pennsylvania Supreme Court in the case of McDonald v. Levinson Steel Company, 302 Pa. 287, 294, 153 A. 424, 426 (1930), which delineates a five-part test on whether a statutory employer relationship is present:

“(1) An employer who is under contract with an owner or one in the position of an owner;
“(2) Premises occupied by or under the control of such employer;
“(3) A subcontract made by such employer;
“(4) Part of the employer’s regular business entrusted to such subcontractor; and
“(5) An employee of such a subcontractor.” Id. at 294-95, 153 A. at 426.

For purposes of this motion, the facts are not in dispute. According to plaintiff’s amended complaint, defendant, Borough of West Reading, contracted with Stirling to construct a new facility for defendant, West Reading Fire Company No. 1. In due course, Stirling hired F.L. Roy-er as masonry subcontractor for the project. Plaintiff was an employee of Royer. At all relevant times, Stirling, as general contractor, controlled the day-to-day operations of the project, including supervising the subcontractors, such as F.L. Royer Inc.

On October 10, 2002, plaintiff was at the project site repairing damaged masonry. He was located inside the clock tower on scaffolding erected in the area. He fell from the scaffolding, suffering injuries.

[277]*277Under these facts, Stirling clearly qualifies as a statutory employer, meeting all five requirements of the McDonald test. Further, Stirling’s status as a statutory employer is not compromised by the fact that the actual employer, F.L. Royer Inc., was the entity responsible to cover plaintiff’s compensation benefits, nor by the fact that Stirling incurred no responsibility. In the case of Fonner v. Shandon Inc., 555 Pa. 370, 379, 724 A.2d 903, 907 (1999), the Supreme Court determined that a general contractor is entitled to immunity as a statutory employer from suit for common-law negligence, even though the subcontractor, which directly employed the injured worker, provided the worker’s compensation insurance which paid benefits for the worker’s injuries. The court stated:

“Thus, in negligence cases, the general contractor has full immunity from suit by the employee of a subcontractor which an immediate employer would have. He is the statutory employer and is the insured employe’s employer for negligence immunity purposes and is secondarily liable for compensation even though the immediate employer or some other intermediate subcontractor ... is insured and responds fully on the injured employe’s claim. The reason for this difference . . . must be that, since the general contractor remains statutorily liable, although only in reserve status, in return for this he has the statutory employer’s immunity from statutory employe negligence in suits in all events, (citation omitted)”

Accordingly, under the terms of the Act, Stirling is entitled to summary judgment. Plaintiff, however, contends that this court should declare the Act unconstitu[278]*278tional. Specifically, plaintiff urges that section 52 precludes access to the court and limits recovery, actions proscribed by the Pennsylvania State Constitution.

Plaintiff cites Article 1, Section 11, and Article 3, Section 18, as the applicable provisions of the constitution. Article 1, Section 11, states:

“All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the legislature may by law direct.”

Article 3, Section 18, states:

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Related

Cranshaw Construction Inc. v. Ghrist
434 A.2d 756 (Superior Court of Pennsylvania, 1981)
Travaglia v. C.H. Schwertner & Son, Inc.
570 A.2d 513 (Supreme Court of Pennsylvania, 1989)
Fonner v. Shandon, Inc.
724 A.2d 903 (Supreme Court of Pennsylvania, 1999)
Skipworth v. Lead Industries Ass'n, Inc.
690 A.2d 169 (Supreme Court of Pennsylvania, 1997)
Pennsylvania State University v. County of Centre
615 A.2d 303 (Supreme Court of Pennsylvania, 1992)
Fausey v. Hiller
851 A.2d 193 (Superior Court of Pennsylvania, 2004)
Jones v. Southeastern Pennsylvania Transportation Authority
772 A.2d 435 (Supreme Court of Pennsylvania, 2001)
Capozzoli v. Stone & Webster Engineering Corp.
42 A.2d 524 (Supreme Court of Pennsylvania, 1945)
McDonald v. Levinson Steel Co.
153 A. 424 (Supreme Court of Pennsylvania, 1930)

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Bluebook (online)
1 Pa. D. & C.5th 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hain-v-borough-of-west-reading-pactcomplberks-2007.