Supreme Court to Weigh in on Statutory Employer Defense

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is waivable. Last year, the state Superior Court relieved McCarthy Construction Inc. of liability for a nearly $5.6 million jury verdict in favor of Jason Yoder on the basis that McCarthy was his statutory employer. McCarthy was the general contractor for a project to repair the Norwood Public Library. It subcontracted the roofing work to Yoder’s...