Stermel v. Workers' Compensation Appeal Board

OPINION BY Judge LEAVITT.

James Stermel (Claimant) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) holding that the City of Philadelphia (Employer) was entitled to recover a portion of the Heart and Lung benefits it paid Claimant from Claimant’s third party tort claim settlement. The Workers’ Compensation Judge (WCJ) had granted Employer’s sub-rogation request on the basis of a holding from this Court that Heart and Lung benefits were subject to subrogation by the employer. After the WCJ issued her decision, the Pennsylvania Supreme Court reversed this…