Facebook Icon Twitter Icon YouTube Icon Google Plus Icon LinkedIn Icon

The Construction Workplace Misclassification Act (CWMA) May Not Be Applied Retroactively.

August 1st, 2017

In D&R Construction v. WCAB, 2017 WL 3254789,  (August 1, 2017), the Commonwealth Court held that the CWMA may not be applied retroactively, and that the Workers’ Compensation Appeal Board erred by referring to it as guidance with respect to whether the workers’ compensation claimant was an employee or an independent contractor.  The CWMA was enacted on October 13, 2010, effective in 120 days.  It sets forth specific criteria for determining whether a worker is an employee or an independent contractor.  The absence of a single criterion will negate the independent contractor status, and the worker will be deemed an employee.  Claimant’s injury occurred on August 28, 2010.

I worked with this company for an injury claim and had amazing service. I had worked with Gregg Freeburn and mostly Ryan McDaniel. Ryan was extremely responsive and very professional. He did the best work that I could have gotten out of my case and highly recommend working with him and the rest of the firm. As an 18 year old in college working with a legal case, he made it very easy for me through the hard times and everyone I had worked with were very nice and are amazing at working around my tough schedule. Great firm and people.

Montgomery W.