33 Pa. Commw. 591 | Pa. Commw. Ct. | 1978
Opinion by
Grant Builders (Grant) appeals to us from a decision of the Workmen’s Compensation Appeal Board (Board) affirming a referee’s award of benefits to William David Burge (Burge).
The sole issue before us involves the question of whether or not an employer-employee relationship existed between Grant and Burge so as to render him eligible for benefits pursuant to Sections 103-104 of the Act, 77 P.S. §§21-22, and we have held previously where the facts are undisputed, this question is one of law. Workmen’s Compensation Appeal Board v. American Mutual Liability Insurance Co., 19 Pa. Commonwealth Ct. 502, 339 A.2d 183 (1975).
Grant argues first that the referee’s findings are not supported by substantial evidence, and second that the evidence establishes as a matter of law that Burge was an independent contractor rather than Grant’s employee. Our scope of review, of course, is that defined in Section 44 of the Administrative Agency Law
Clearly, a claimant must sustain the burden of proving the existence of an employment relationship
Control of [the] manner [in which] work is to be done; responsibility for result only; terms of agreement between the parties; the nature of the work or occupation; skill required for performance; whether one employed is engaged in a distinct occupation or business; which party supplies the tools; whether payment is by the time or by the job; whether work is a part of regular business of the employer, and also the right of employer to terminate the employment at any time.
J. Miller Co. v. Mixter, 2 Pa. Commonwealth Ct. 229 232, 277 A.2d 867, 869 (1971).
See also Workmen’s Compensation Appeal Board v. Navajo Freight Lines, Inc., 19 Pa. Commonwealth Ct. 25, 338 A.2d 766 (1975). Moreover, this Court has said many times that the most important factor in determining the existence of an employer-employee relationship is evidence of actual control or of the right to control the work to be done and the manner of its performance. Workmen’s Compensation Appeal Board v. Piccolino, 20 Pa. Commonwealth Ct. 369, 341 A.2d 922 (1975).
We recognize that this is a very close case with some factors which would seem to indicate that Burge might have been an independent contractor. The referee’s findings, however, áre amply supported by the record, and they sufficiently buttress the conclusion, as a matter of law, that Burge was acting- as Grant’s employee at the time of his accident. We will, therefore, affirm the Board’s decision granting him benefits.
Order
And Now, this 16th day of February,-1978, the order of the Workmen’s Compensation Appeal Board
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq.
Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. §1710.1 et seq.