Appeal from the Order of the Workmen's Compensation Appeal Board in case of Lewis H. Reynolds v. Gary Reihart, No. A-74322.
Julius E. Fioravanti, for petitioner.
James K. Thomas, II, with him Thomas and Thomas, for respondent.
Judges Mencer, Blatt and Craig, sitting as a panel of three. Opinion by Judge Mencer.
[ 47 Pa. Commw. Page 603]
Lewis H. Reynolds (claimant), a professional journeyman jockey, appeals an order of the Workmen's Compensation Appeal Board (Board) denying him compensation for injuries incurred during a race at Penn National Race Course, while riding a horse owned by Gary Reihart (defendant). Both the referee and the Board found that claimant was an independent contractor at the time of his injury and thus not an employee within the meaning of Section 104 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 22. We affirm.
The referee, in support of his decision, made the following findings of fact:
2. On April 2, 1975, while Claimant was engaged in occupation of jockey and was riding a horse named "Show Me the Way" in the fifth race at the Penn National Race Course located in Grantville, Pennsylvania, three horses collided causing Claimant to be thrown to the ground resulting in bruises on the Claimant's head and mouth and bilateral fractures of the distal radii.
3. Claimant received treatment for his injuries at the Community General Osteopathic Hospital in Harrisburg, Pennsylvania on April 2, 1975, thereby incurring expense in the amount of $111.50.
4. As a result of the injuries sustained on April 2, 1975, Claimant was totally disabled
[ 47 Pa. Commw. Page 604]
from that time until he returned to his occupation as jockey on May 16, 1975.
9. From 1961 to and including April 2, 1975, Claimant held himself out as a professional journeyman jockey, a position which required him to ride over a thousand different horses in as many ...