In Berkebile Towing and Recovery v. Workers’ Comp. Appeal Bd., a towing company appealed from the order that found Mr. Harr was an employee rather than an independent contractor and, therefore, awarded fatal claim benefits. The Pennsylvania Commonwealth Court affirmed and held that, under the facts as found by the Workers’ Compensation Judge, the company’s ownership and control over the availability and use of its tow trucks favored finding an employer-employee relationship.
