Pendleton v. Workmen's Compensation Appeal Board

CRAIG, President Judge.

Claimant Elaine Pendleton, widow of deceased employee George Pendleton, appeals an order of the Pennsylvania Workmen’s Compensation Appeal Board that affirmed a refer ee’s decision concerning the subrogation rights of employer Congoleum Corporation and its insurer, Liberty Mutual Insurance Company (both referred to here as the- “employer”), under section 319 of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 671, based on a recovery the claimant obtained in settlement of a tort action against a third party alleged…