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ACCOUNTEMPS AND NEW HAMPSHIRE INSURANCE COMPANY THROUGH AMERICAN INTERNATIONAL ADJUSTMENT COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (MYERS AND SPECTRUM ARENA) (10/18/88)

decided: October 18, 1988.

ACCOUNTEMPS AND NEW HAMPSHIRE INSURANCE COMPANY THROUGH AMERICAN INTERNATIONAL ADJUSTMENT COMPANY, INC., PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (MYERS AND SPECTRUM ARENA), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Inez Myers v. Spectrum Arena and Accountemps, No. A-92654.

COUNSEL

Patrice A. Toland, Post and Schell, P.C., for petitioner.

Sidney E. Herold, for respondent, Inez Myers.

John P. Knox, with him, Robert J. Benischeck, Timoney, Knox, Hasson & Weand, for respondent, Spectrum Arena.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. This decision was reached prior to the resignation of Judge MacPhail.

Author: Palladino

[ 120 Pa. Commw. Page 490]

Accountemps appeals from a decision of The Workmen's Compensation Appeal Board (Board) which (1) affirmed a referee's decision that Accountemps was Inez I. Myers' employer at the time of her work-related injury and (2) determined that the referee had erred in not granting Myers counsel fees in addition to awarding her workmen's compensation. We affirm the determination that Accountemps was Myers' employer but reverse the grant of counsel fees in addition to compensation.

Accountemps provides temporary accounting and data processing personnel to its clients. Accountemps maintains an inventory of personnel skilled in the areas of accounting and data processing. When a client contacts Accountemps with the specifications of a job for which it needs temporary help, Accountemps selects from its personnel list the individual it believes best for the particular job. The individual is contacted by Accountemps and has the option of accepting or refusing the job. Accountemps sets the hours the individual is to work, determines the salary to be paid for the job, and pays the salary.

In the instant case, Myers accepted a temporary assignment to perform accounting work for Spectrum Arena. Accountemps informed Myers that her work hours were 10 AM to 6 PM and that she would be paid $5 per hour. Myers began this assignment on October 13, 1982. On that day she reported to Spectrum Arena where she was told the specific job she was to do and instructed to see Carole, an employee of Spectrum

[ 120 Pa. Commw. Page 491]

Arena, if she had any questions. While on her way to work on October 19, 1982, Myers fell in Spectrum Arena's parking lot and shattered her left wrist. Myers informed Accountemps and Spectrum Arena of her injury and her inability to continue to work. Myers did not work again until June 5, 1983.

Myers filed workmen's compensation claim petitions against both Accountemps and Spectrum Arena. A number of hearings were held before the referee. Myers presented medical evidence as to the extent of her injury and disability. Neither Accountemps nor Spectrum Arena presented any medical evidence. However, each contended that if Myers had suffered a compensable injury, the other was the responsible party.

The referee concluded that Accountemps was Myers' employer at the time of her injury and that Myers was totally disabled from October 20, 1982 through June 5, 1983. The referee dismissed the claim petition against Spectrum Arena. Attorney's ...


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