Emanuel v. Workmen's Compensation Appeal Board

RODGERS, Senior Judge.

Joseph Emanuel (Claimant) petitions for review of an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a decision by a workers’ compensation judge (WCJ) granting the modification petition filed by Coco Brothers, Inc. (Employer). The issue before the Court is whether the WCJ erred in applying the net method, rather than the gross method, to determine Employer’s subrogation rights and liabilities with respect to a third-parly settlement.1

Facts

On December 24,1985, Claimant sustained a work-related injury when the scaffold on which he was working…