Appeal of Lees Construction; State Workers' Insurance Fund; Doc. No. WC04-07-004 [34 Pa.B. 3811] This order is made on July 2, 2004, and addresses the appeal and request for hearing filed by Lees Construction (Lees) received on July 1, 2004. The appeal challenged action of Department of Labor and Industry, State Workers' Insurance Fund (Fund) in characterizing individuals as employees rather than independent contractors.
This case is bifurcated and a hearing on the merits will occur, if at all, flowing consideration of jurisdictional and other threshold issues.
On or before July 19, 2004, Lees shall file a concise statement setting forth legal argument supporting why the Insurance Department should hear this case, given the facts as alleged in its June 29, 2004, letter. At a minimum, the argument shall address the subject matter jurisdiction issues. Alternatively, should Lees seek review by the Board of Claims and request a stay of this action before the Insurance Commissioner prior to July 19, 2004, an indefinite stay will be granted.
On or before August 9, 2004, the Fund shall: (1) answer factual assertions in the June 29, 2004, letter; (2) set forth its arguments in opposition to those advanced by Lees; and (3) raise additional affirmative defenses which may bar the relief sought by the appellant as a matter of law given the undisputed facts.
On or before August 16, 2004, the appellant may reply to the Fund's submission.
Petitions to intervene or notices of intervention shall be filed on or before August 14, 2004.
Persons with a disability who wish to attend the administrative hearing and require an auxiliary aid, service or other accommodation to participate in the hearing should contact Jeffrey Wallace, Agency Coordinator, (717) 787-4298.
M. DIANE KOKEN,
Insurance Commissioner[Pa.B. Doc. No. 04-1319. Filed for public inspection July 16, 2004, 9:00 a.m.]
