Commonwealth, Department of Labor & Industry v. Commonwealth

Opinion by

Judge Mencer,

The Department of Labor and Industry has appealed from a decision of the Workmen’s Compensation Appeal Board (Board) which granted reimbursement to the Pennsylvania Manufacturers’ Association Insurance Company (insurer) from the Commonwealth’s Supersedeas Fund for certain benefits paid to Quentin T. Hamory (claimant). We reverse.

The claimant was injured on January 24, 1976 in a job-related accident and was awarded total disability benefits. On January. 25, 1977, the employer and its insurer filed a termination petition which alleged that the claimant was employed at a…