Kelly v. Workmen's Compensation Appeal Board

Opinion by

Judge Barry,

Donald B. Kelly (claimant) appeals an order of the Workmens Compensation Appeal Board (Board) affirming a referees determination that A-P-A Transport Corporation (employer) is entitled to a subrogation interest in the amount of $27,500.00.

It is undisputed that claimant suffered a work-related injury in 1980 for which he received benefits and that these benefits were properly terminated as of April 27, 1983. It is also undisputed that in 1982 claimant settled a third party suit stemming from the same work-related incident. The question which we must decide is whether the…