John T. Gallaher Timber Transfer v. Hamilton

932 A.2d 963, 2007 Pa. Super. 273, 2007 Pa. Super. LEXIS 2680
CourtSuperior Court of Pennsylvania
DecidedAugust 29, 2007
StatusPublished
Cited by22 cases

This text of 932 A.2d 963 (John T. Gallaher Timber Transfer v. Hamilton) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John T. Gallaher Timber Transfer v. Hamilton, 932 A.2d 963, 2007 Pa. Super. 273, 2007 Pa. Super. LEXIS 2680 (Pa. Ct. App. 2007).

Opinion

OPINION BY

McCAFFERY, J.:

¶ 1 Appellant, Robert Hamilton, t/a Hamilton Enterprises (hereinafter “Hamilton”), appeals from the judgment entered in the Clearfield County Court of Common Pleas following the trial court’s granting of the motion for judgment on the pleadings of Appellee, John T. Gallaher Timber Transfer (hereinafter “Gallaher”). After careful review, we affirm.

¶2 The undisputed relevant facts and procedural history underlying this matter [965]*965are as follows. Robert D. Cummings suffered an injury on August 13, 1999, while operating a log skidder owned by Hamilton. Mr. Cummings filed a claim petition against Hamilton pursuant to the Workers’ Compensation Act.1 Hamilton filed petitions for joinder of additional defendants, including Gallaher. Workers’ Compensation Judge (‘WCJ”) Michael E. Roll presided over hearings on November 14, 2000, and March 22, 2001. On January 31, 2002, WCJ Roll entered an order which held that Mr. Cummings was entitled to receive workers’ compensation benefits for the injuries he had sustained.2 WCJ Roll also concluded that Hamilton was Mr. Cumming’s primary employer and, accordingly, was responsible for payment of benefits to Mr. Cummings. WCJ Roll determined that Gallaher was a statutory employer of Mr. Cummings, and thus was responsible for payment of the compensation if Hamilton failed to make payment as ordered. Based upon the evidence presented by all of the parties, the WCJ specifically set forth the following findings and conclusions pertinent to the issues raised here:

On August 13, 1999, the Claimant, Robert Cummings, suffered a work injury during the course and scope of his employment with Defendant/Employer, [Hamilton]....
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It is found that, at the time of his work injury, the Claimant was not an employee of ... [Gallaher].
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It is found that, at the time of his work injury, the Claimant’s Employer, [Hamilton], was serving in the capacity of a sub-contractor for [Gallaher].
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It is further found that [Gallaher] is ... a statutory employer under Section 302(d) of the Pennsylvania Workers’ Compensation Act.
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[I]n finding the Claimant was an employee of [Hamilton], ... it is noted that ‘in determining whether a claimant is an independent contractor or employee, the Pennsylvania Supreme Court has set forth the following factors to consider in determining the type of relationship which exists: control of the manner in which work is to be done; responsibility for result only; terms of agreement between the parties; nature of the work or occupation; skill required for performance; whether one employee is engaged in a distinct occupation or business; which party supplied the tools; whether payment is by time or by the job; whether work is part of the regular business of the alleged employer, and whether the alleged employer has the right to terminate employment at any time.... [T]he key element is whether the alleged employer has the right to control the work to be done, and the manner in which it is performed.’
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Upon review of the consistent aspects of each of their testimonies, it is found that the relationship is overwhelmingly that of an employee.... [I]n most all aspects of the relationship^] [the Claimant] was treated as an employee, being paid on an [966]*966hourly basis, or at the discretion of [Hamilton] as to any bonuses; [the Claimant] only performed work for [Hamilton]; the work which he performed was part of the regular business of [Hamilton]; and [Hamilton] provided all of the tools and equipment.
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The Claimant has sustained his burden of proof, that he suffered a work injury on August 13, 1999, ... entitling him to Workers’ Compensation benefits ... together with the payment of medical costs and expenses causally related to same.
[Hamilton] shall be responsible for the payment of such Workers’ Compensation benefits, together with the reimbursement of any Public Welfare Lien reimbursement for the payment of any such medical expenses.
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[Hamilton] has failed to sustain its burden of proof, that [Gallaher was an employer] of the Claimant at the time of his August 13,1999 work injury.
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[I]n the absence of payment of the foregoing by [Hamilton], [Gallaher], as the statutory employer, and/or its Workers’ Compensation Insurer, shall be responsible for payment of compensation payable hereunder.

(WCJ’s Findings of Fact, Conclusions of Law and Order, dated January 31, 2002, at 8-11).

¶ 3 Hamilton did not take an appeal from WCJ Roll's decision to the Workers’ Compensation Appeal Board. Hamilton also did not pay the benefits due to Mr. Cummings. Because of WCJ Roll’s ruling and Hamilton’s failure to pay, on or about March 22, 2003, Gallaher made payments totaling $14,181.34 to Mr. Cummings and to settle the public welfare lien.3

¶ 4 On February 17, 2004, Gallaher filed a complaint in the court of common pleas seeking reimbursement from Hamilton for the funds paid pursuant to 77 P.S. § 462. Hamilton filed an answer, new matter and counterclaim denying that (1) Mr. Cummings was an employee of Hamilton on August 13, 1999; (2) the injury was work related; and (3) the WCJ found Hamilton liable to pay benefits; instead, Hamilton asserted that Gallaher was Mr. Cummings’s employer. (Answer, New Matter and Counterclaim to Plaintiffs Complaint, filed April 1, 2004). On January 23, 2006, Gallaher filed a motion for judgment on the pleadings, which the trial court granted on March 28, 2006, following argument and briefing by the parties. The trial court determined that Gallaher was entitled to recover from Hamilton based upon the WCJ’s decision, and moreover, that the doctrine of collateral estoppel barred litigation of the issues Hamilton raised regarding the debt owed. Upon praecipe, the prothonotary entered judgment on April 6, 2006. On April 25, 2006, Hamilton filed a timely notice of appeal and now raises the following question for our review:

Whether the [trial] court erred in granting [Gallaher’s] motion for judgment on the pleadings and dismissing [Hamilton’s] answer and counterclaim in that although originally arising as a result of a workers’ compensation matter, the claim of [Gallaher] as statutory employer, versus [Hamilton], as employer, in a court of common pleas civil proceeding must still proceed in accord with the rules of civil procedure which allow the [967]*967filing of a counterclaim and the raising of defenses of liability and negligence on the part of others for the injury which occurred.

(Hamilton’s Brief at v).

¶ 5 Preliminarily, we note that our scope and standard of review are well-settled:

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Cite This Page — Counsel Stack

Bluebook (online)
932 A.2d 963, 2007 Pa. Super. 273, 2007 Pa. Super. LEXIS 2680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-t-gallaher-timber-transfer-v-hamilton-pasuperct-2007.