In Yoder v. McCarthy Construction, 2023 Pa. Super. LEXIS 36 the Pennsylvania Superior Court recently denied a $5.59 million verdict to an injured worker. When Jason Yoder fell through a hole in the roof while doing repairs to Norwood Public Library, he sustained a catastrophic back injury. Yoder, working for subcontractor RRR Contractors then sued the general ,contractor on the job, McCarthy Construction. Significantly, Yoder had also filed a workers’ compensation claim against RRR Contractors. This had settled via compromise and release (C&R) agreement which identified Yoder as the employee and RRR as the employer as parties to the C&R. As part of the C&R, Yoder resigned his employment from RRR.

Following a jury trial, Yoder was awarded $5 million in damages that amounted to approximately $5.59 million with delay penalties. McCarthy appealed to the Superior Court arguing that he was Yoder’s statutory employer and, as such, was immune from lawsuit under the Pennsylvania Workers’ Compensation Act (the act). The Superior Court, under the exclusive remedy provisions of the act, agreed with McCarthy and reversed the jury award as legally improper.

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