 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Stringe v. Workers' Compensation Appeal Board10/18/2005
Gerald J. Stringe (Claimant) petitions for review of the March 31, 2005, order of the Workers' Compensation Appeal Board (WCAB) that affirmed the determination of a workers' compensation judge (WCJ) denying Claimant's claim petition for lack of jurisdiction. We affirm.
Claimant works as a journeyman boilermaker, and he receives assignments out of the Pittsburgh Union Hall For Boilermakers Local #154 (Union). On March 21, 2003, the Union assigned Claimant to report to a power plant in Brilliant, Ohio, to work for Day & Zimmerman NPS, Inc. (Employer). The Union advised Claimant that he would be working twelve-hour shifts, seven days a week, at an hourly rate of $25.25. Claimant reported to Employer's job site in Brilliant, Ohio, and he completed the necessary paperwork to begin his employment, including a W-2 form, at Employer's on-site trailer. Claimant had worked for Employer before, but not for several years.
On March 31, 2003, at approximately 7:35 p.m., Claimant went to a trailer provided by Employer for employees to use as a changing station. Claimant found himself locked in the trailer without a phone. Claimant was forced to leave through a window into a truck parked next to the trailer, and he injured his right foot when he jumped from the truck to the ground. On April 28, 2003, Claimant filed a claim petition; Employer filed a timely answer and the case was assigned to a WCJ. During proceedings before the WCJ, Claimant testified to the facts set forth above.
Claimant also presented the testimony of Daniel J. Quinn, the Union's financial secretary, treasurer and business agent. Quinn testified that employers seeking to hire Union members contact the Union, advise the Union how many workers are needed, how long the job is expected to last and how many hours of work per day and per week will be required. He explained that a Union dispatcher then contacts workers from a list at the Union hall and conveys the employer's information; each worker has the option of accepting or rejecting the job, and the dispatcher continues calling from the list until the particular needs of the employer are met. Quinn also stated that the terms of employment for Union workers, including wages and other benefits, are governed by collective bargaining agreements between the Union and various employers and that he was involved in negotiating the collective bargaining agreement between the Union and Employer. Quinn stated that Employer's main office is located in Lancaster, Pennsylvania.
He further testified that, on March 21, 2003, Claimant was dispatched to work at one power plant in Brilliant, Ohio, and no other employment was contemplated for Claimant at that time.
Arthur E. Luke, Jr., Employer's projects manager, confirmed the hiring procedure described by Quinn. Luke further testified that employees were hired at the job site in Ohio, upon completion of required paperwork. Luke added that Employer's request to the Union involved a project that required work at the Brilliant, Ohio, plant only. Luke stated that Employer had a temporary field office in Brilliant, Ohio, which ceased to exist after the job was completed. Luke also testified that Claimant completed paperwork upon his arrival at Brilliant, Ohio, including a W-2 form, immigration documentation and job site safety rules.
The WCJ accepted the testimony of each of these witnesses as credible. Based on this testimony, the WCJ found that Claimant was employed by Employer under a contract for hire made in Pennsylvania. The WCJ also found that Employer hired Claimant to perform work located exclusively in Ohio. Finally, the WCJ found that at the time of Claimant's injury, Employer was sub
Page 1 2 3 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|