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The Construction Workplace Misclassification Act (CWMA) May Not Be Applied Retroactively.

August 1st, 2017

In D&R Construction v. WCAB, 2017 WL 3254789,  (August 1, 2017), the Commonwealth Court held that the CWMA may not be applied retroactively, and that the Workers’ Compensation Appeal Board erred by referring to it as guidance with respect to whether the workers’ compensation claimant was an employee or an independent contractor.  The CWMA was enacted on October 13, 2010, effective in 120 days.  It sets forth specific criteria for determining whether a worker is an employee or an independent contractor.  The absence of a single criterion will negate the independent contractor status, and the worker will be deemed an employee.  Claimant’s injury occurred on August 28, 2010.

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