Thomas, Thomas & Hafer LLP

THOMAS, THOMAS & HAFER LLP

Partnering Smart Solutions

Menu
  • About UsMENU
    • About the Firm
    • Recognition & Awards
    • Attorney Positions
    • Staff Positions
  • Our PeopleMENU
    • Our Attorneys
    • Our Paralegals
  • Practice Areas
  • News
  • EventsMENU
    • Upcoming Events
    • Previous Events
  • LocationsMENU
    • Allentown, PA
    • Ambler, PA
    • Baltimore, MD
    • Fairfax, VA
    • Hampton, NJ
    • Harrisburg, PA
    • Marlton, NJ
    • Philadelphia, PA
    • Pittsburgh, PA
    • Richmond, VA
    • Washington, DC
    • Wilkes-Barre, PA
  • Contact Us

Partnering Smart Solutions

TT&H Attorneys Jim Tinnyo and John Morgan Win Dismissal of Claim Petition Based on Lack of Employment Relationship

April 27, 2022

Thomas, Thomas & Hafer Attorneys Jim Tinnyo and John Morgan recently won a dismissal of a Claim Petition in Altoona, Pennsylvania, with the Court concluding that no employer/employee relationship existed. This case involved a seriously injured Claimant who alleged that he was employed by a small father-son construction company with no workers’ compensation insurance, or alternatively a statutory employee of the client a construction company, for whom the father and son were performing work. The Claimant’s orthopedic injuries were extensive, including extended hospital stays and multiple surgeries which posed significant medical and indemnity exposure. In reality, the father and son were temporarily housing the claimant while the claimant tried to start his own business. Rather than leave the claimant home alone or on the street, the father and son would take the claimant to their jobsites, with specific instructions not to perform any work.

Our direct and cross examination of the fact witnesses effectively showed and persuaded the WCJ that there was no evidence whatsoever of an employment relationship with any party. The WCJ, relying heavily on the fact that Claimant’s own testimony was often conflicting, rejected Claimant’s testimony and accepted the Employer witnesses who testified. Our client and the father and son witnesses consistently testified that the project the father and son was performing for the client was a personal project for which neither they nor the Claimant received any compensation. John Morgan wrote the brief and proposed findings of fact, the reasoning of which was largely adopted by the Court in its decision.

Questions about this case can be directed to Jim Tinnyo at (717) 237-7121 or jtinnyo@tthlaw.com or John Morgan at (267) 861-7580 x 8502 or jmorgan@tthlaw.com.

RELATED PROFESSIONALS

  • James A. Tinnyo
  • John T. Morgan Jr.

RELATED LOCATIONS

  • Harrisburg, PA
  • Philadelphia, PA

RELATED PRACTICE AREAS

  • Workers’ Compensation

Attorneys

Meet our team of attorneys.

Meet Our Attorneys

Practice Areas

Defending clients with professional integrity.

View Practice Areas

Offices

Explore our locations positioned to serve you.

Find a Location

© 2023 Thomas, Thomas & Hafer LLP | Disclaimer | Staff Login