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DAVIDSON v. W. C. A. B. ET AL.

No. 1070 C.D. 1978.

42 Pa.Commw. 30 (1979)

Jesse Davidson, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Leo DeLeon and Thomas J. Dugan, Respondents.

Commonwealth Court of Pennsylvania.

April 16, 1979.

Attorney(s) appearing for the Case

William H.R. Casey, with him Liederbach, Eimer & Rossi, for petitioner.

John P. Knox, with him Curtis Wright, and Timoney, Knox, Hasson & Weand, for respondents.

Argued March 8, 1979, before Judges WILKINSON, JR., MENCER and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., April 16, 1979:

This appeal is from the disallowance of workmen's compensation benefits to a professional jockey (claimant) from the owner of the horse he was riding at the time of the accident during a thoroughbred horse race. The issue raised is the question of whether the jockey is an employee of the owner or is an independent contractor. The referee, after making 14 findings of fact, followed by a discussion of the law, and four...

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