Judge John Bender, writing for the court, cited the Pennsylvania Supreme Court's layout of elements that must be present for employers to have immunity from a negligence suit, "(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)[;] (5) An employee of such subcontractor."
In a Jan. 31 opinion in Yoder v. McCarthy Construction, a unanimous three-judge panel of the appeals court overturned the Philadelphia jury's $5,590,650 award to plaintiff Jason Yoder, who was injured while working on a job site. Defendant McCarthy Construction had appealed the verdict, asking the court to determine whether it qualified as Yoder's statutory employer under the Workers' Compensation Act, which would thus make McCarthy immune from the suit.
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