Opinion
November 15, 1960.
December 14, 1960.
Workmen's Compensation — Employe or independent contractor — Distributor of newspapers — Circumstances.
In a workmen's compensation case, in which it appeared that the sole issue was whether decedent was an employe of defendant or an independent contractor; that decedent signed a contract with defendant as a distributor for its daily newspapers, in the nature of a territorial franchise; that defendant fixed the point of delivery of newspapers to decedent, fixed the price for the papers, defined the distributor's area of customers, had the right to discharge decedent at any time, and the route list of customers was the sole and exclusive property of defendant and a transfer of the distributorship required defendant's approval; that decedent was not carried on defendant's records as an employe and had no social security status, defendant did not dictate the manner in which the work was to be done or what hours decedent had to observe in its performance, decedent provided his own delivery equipment and carriers to make distribution, and decedent was not barred from engaging in other gainful employment; and that the court below, holding that decedent was an independent contractor and not an employe of defendant, dismissed claimant's appeal from the decision of the board and entered judgment for defendant; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 227, April T., 1960, from judgment of County Court of Allegheny County, No. A 1022 of 1960, in case of Patricia Rodgers, widow, administratrix of estate of James R. Rodgers, deceased, v. P-G Publishing Co. et al. Judgment affirmed.
Same case in court below: 24 Pa. D. C. 2d 81.
Appeal by claimant from decision of Workmen's Compensation Board refusing award.
Order entered dismissing appeal and directing judgment for defendant, opinion by LENCHER, P.J. Claimant appealed.
John P.S. O'Connor, for appellant.
Irwin M. Ringold, for appellee.
Argued November 15, 1960.
The judgment of the County Court of Allegheny County is affirmed on the opinion of President Judge LENCHER for the court below, reported at 24 Pa. D. C. 2d 81.