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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Ruth Dupree, Petitioner v. Workers' Compensation Appeal Board (Resources for Human Development), Respondent BEFORE: : : : : : : : : :

No. 1506 C.D. 2012 Submitted: December 7, 2012

HONORABLE BERNARD L. McGINLEY, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE McGINLEY FILED: January 14, 2013

Ruth Dupree (Claimant) challenges the order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's denial of her petition for benefits.

Claimant worked as a residential aide caring for mentally and physically challenged individuals. For approximately six months before she

suffered an alleged injury, Claimant worked at the Rockwell site which was operated by Resources for Human Development (Employer). Claimant allegedly suffered a work-related injury on January 12, 2009. On January 19, 2010, Claimant petitioned for benefits and alleged that she suffered an "injury to lower back with pain radiating down both legs, injury to right knee" which occurred when she "was lifting a patient from a wheelchair, the patient fell pulling us both to the floor." Claim Petition, January 19, 2010, at 1. Claimant listed her employer

as Delta T Group, Inc. (Delta).

Delta asserted that it did not have an

employer/employee relationship with Claimant. At the initial hearing before the WCJ, Delta's counsel, Mark Minicozzi (Attorney Minicozzi), stated that "this is a Delta T case where they sign an independent contract agreement. And I anticipate, just to let Your Honor know, that I do anticipate joining another entity." Notes of Testimony, March 3, 2010, (N.T.) at 3-4. The WCJ decided to bifurcate the matter and initially limited testimony related to whom employed Claimant.1

Claimant testified regarding the status of her employment. She also testified "I got hurt that night. Like 7:00 that night I got hurt. And then the next day I reported it to Delta T. that I got hurt at Rockwell lifting a patient." N.T. at 14.
1

The WCJ explained to counsel: Judge Melcher: Why don't we limit the testimony to those kind [sic] of questions if we are going to bifurcate and we can make that determination first and then go forward from there. Ms. Colton [Claimant's counsel]: Okay. So you want me to limit it to

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