Good Tire Service v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully disagree with the majority’s decision to reverse the order of the Workers’ Compensation Appeal Board *1049(Boai'd) and reinstate the order issued by the Workers’ Compensation Judge (WCJ) to grant Employer’s petition to review benefit offset against the proceeds of a settlement in the third-party lawsuit filed by Timothy Wolfe (Claimant). Employer argues that the Board erred by including in the calculation of the value of Employer’s lien the portion of the counsel fee that was refunded to Claimant by his attorney upon distribution of the…