It appears to this Court that these elements have also been satisfied here. The first requirement, that the United States be under contract with an owner, has been satisfied. According to the affidavits submitted by counsel, the Postal Service is under contract with the owner of the property. The Postal Service is a lessee of the premises and not the owner.
The second element has also been satisfied. Although it is not the owner, the Postal Service occupies the premises. Plaintiff in his brief agreed that the subject premises were under the control of the defendant and that the plaintiff was simply there using the premises to load and haul mail. This is substantiated by the affidavit of Homer K. Browne, Jr., Postmaster of the Butler Post Office. He states that the United States Postal Service has exclusive control of the Post Office premises, including the area known as the loading dock.
The third requirement, that there be a subcontract made with the Postal Service, is satisfied. The contract between McKnight Trucking and the Postal Service whereby McKnight Trucking was obligated to transport mail is sufficient. In Wiltrout, the contract between Bell Telephone Company and Penn Line Services, Inc. to perform work on its telephone lines was considered a subcontract for purposes of the statutory employer analysis.
Part of the Postal Service's regular business is to deliver mail. 39 U.S.C. § 404(a)(1). The transportation of that mail, entrusted in part to McKnight Trucking, was an integral part of that business. Thus, the fourth element has been satisfied.
Frederick Kohler was an employee of McKnight Trucking, the subcontractor in this case. Therefore, all five requirements for a statutory employer are met under the facts of this case.
Since the federal government is treated as a private individual pursuant to the Federal Tort Claims Act and it meets the statutory requirements, it is entitled to immunity as a statutory employer under the Pennsylvania Workmen's Compensation Act.
An appropriate order will issue.
AND NOW, this 11th day of February, 1985, for the reasons contained in the accompanying Memorandum Opinion,
IT IS ORDERED that Defendant's Motion for Summary Judgment is GRANTED and judgment is entered in favor of the Defendant, United States of America, and against the Plaintiff, Frederick C. Kohler.
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