Salad Works, LLC and Wesco Insurance Company v. WCAB (Gaudioso and the UEGF), 123 A.3d 790 (Pa. Comm. Ct. 2015)
In this case, the Commonwealth Court upheld our argument that franchisor Salad Works did not become the claimant’s statutory employer simply because its franchisee was uninsured for workers’ compensation claims as of the date of claimant’s work injury (claimant was the franchisee’s employee). This decision forced liability for payment of claimant’s wage loss and medical benefits onto the Uninsured Employer Guaranty Fund (UEGF). The Fund petitioned the Supreme Court for allowance of appeal, but the Court denied that petition. Consequently, this case is the law in Pennsylvania as to franchisor liability in workers’ compensation matters.