Devore v. Workmen's Compensation Appeal Board

CRAIG, President Judge.

The petitioner, Alfred DeVore, asks that we reverse the decision of the Worker’s Compensation Appeal Board that affirms the decision of a referee to grant the petition of employer, Sun Oil Company, for modification and to deny DeVore’s petition for penalties. The question before us is whether Sun Oil waived its right to subrogation, pursuant to § 319 of the Workers’ Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 671 (the Act), as to DeVore’s third-party settlements of asbestosis-related product liability claims by seeking subrogation only after…