Monessen, Inc. v. Workers' Compensation Appeal Board

OPINION BY

Judge SIMPSON.

In this appeal, we are asked whether the Workers’ Compensation Appeal Board (Board) exceeded its authority in reducing the rate by which an employer may recover its subrogation lien based on a claimant’s asserted financial hardship. Concluding it did, we reverse.

In October 1995, James Fleming (Decedent) filed a claim petition against Mones-sen, Inc. (Employer) and its insurance carrier, the State Workers’ Insurance Fund, alleging he developed lung cancer and asbestosis as a result of exposure to asbestos and coke gas while working for Employer. One year later,…