W. C. A. B., ET AL. v. DUPES, ET AL.

No. 1013 C.D. 1975.

24 Pa.Commw. 47 (1976)

Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania and Ronald H. Teufel v. John F. Dupes, t/a Dupes' Garage and American State Insurance Co., Insurance Carrier; Ace-Doran Hauling & Rigging Co. and Protective Insurance Company, Insurance Carrier. Ace-Doran Hauling & Rigging Co., Appellant.

Commonwealth Court of Pennsylvania.

March 15, 1976.


Attorney(s) appearing for the Case

David E. Lehman, with him McNees, Wallace & Nurick, for appellant.

Raymond F. Keisling, with him Will & Keisling, and James N. Diefenderfer, for appellees.

Argued January 8, 1976, before Judges KRAMER, WILKINSON, JR., and MENCER, sitting as a panel of three.


OPINION BY JUDGE KRAMER, March 15, 1976:

This is an appeal by Ace-Doran Hauling and Rigging Company from a decision of the Workmen's Compensation Appeal Board which ordered Ace-Doran to pay compensation for total disability to Ronald H. Teufel. The Board reversed a referee's decision which had held that Teufel was an employe of John F. Dupes, t/a Dupes' Garage (hereinafter Dupes), rather than an employe of Ace-Doran. We hold that the Board erred and reverse.

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