Mark v. Workers' Compensation Appeal Board

OPINION BY

Judge SIMPSON.

In this workers’ compensation case we address supersedeas fund reimbursement under the Workers’ Compensation Act (Act).1 In particular, we are asked to resolve an apparent split of authority. A recent case holds that reimbursement may be had for all payments actually made after supersedeas denial, including payment of benefits awarded retroactively for earlier periods of disability. Another line of cases holds that reimbursement can only be had for payments accruing after supersedeas was requested, which would exclude reimbursement for retroactive benefits attributable…