Hannigan v. Workers' Compensation Appeal Board

860 A.2d 632 (2004)

Garrett HANNIGAN, Petitioner

v.

WORKERS' COMPENSATION APPEAL BOARD (O'BRIEN ULTRA SERVICE STATION), Respondent.

Commonwealth Court of Pennsylvania.

Argued September 8, 2004.

Decided November 1, 2004.

Richard T. Kupersmith, Philadelphia, for petitioner.

Deborah Beck, Philadelphia, for respondent.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, LEAVITT, Judge.

OPINION BY Judge LEADBETTER.

The issue presented for review is whether an employer is entitled to subrogate against uninsured motorist benefits that…