Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Ronald Lomax, Deceased, Edna Savage, Mother v. Leonard Mitchell and Trent Financial Corporation, No. A-91393.
Joseph S. Bekelja, with him, Richard A. Jaffe, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, for petitioner.
Daniel A. Miscavige, for respondent, State Workmen's Insurance Fund.
Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick. Judge MacPhail did not participate in the decision in this case.
[ 121 Pa. Commw. Page 372]
Before us is an appeal by Edna Savage (Claimant) from a decision of the Workmen's Compensation Appeal Board (Board) denying benefits. We affirm.
[ 121 Pa. Commw. Page 373]
Claimant is the mother of Decedent (Ronald Lomax) and was dependent upon her son for support. On or about July 31, 1980, Claimant filed a claim petition against Respondent Leonard Mitchell (Mitchell) and a second petition against Respondent Trent Financial Corporation alleging that Decedent died on March 7, 1980 as a result of his employment.
The referee made the following relevant findings of fact:
5. The decedent, at the time of his death, was employed by the defendant, Trent Financial Corporation, through their agent, Mitchell, as an 'overseer' at Moses' Bar which Mitchell, in turn, managed for defendant, Trent Financial Corporation.
6. Decedent's work duties for defendant at Moses' Bar included ordering supplies, performing odd jobs and tending bar.
7. Decedent was paid in cash, 'under the table' by Mitchell directly and no payroll records were kept with respect to the bar in which decedent worked, Moses' Bar.
8. On March 6, 1980, Mitchell, pursuant to his employment contract with Trent, went to Moses' Bar at 1600 South Street in Philadelphia, and closed the bar, taking the receipts and ordering everyone in the bar outside. Mitchell had been running the bar for Trent for several weeks since the previous owners had defaulted on their loan with Trent. Because he, himself, was overburdened with work and because he had received no receipts from the bar in which the decedent acted as an ...