Darr Construction Co. v. Workmen's Compensation Appeal Board

OPINION

ZAPPALA, Justice.

In these consolidated appeals and cross-appeals, the employer raises the issue of whether its subrogation interest in the claimants’ recovery from a third party tortfeasor is to be calculated by utilization of the gross method or the net method. Claimants raise the issue of whether the employer has a right of subrogation over proceeds recovered by their wives through the settlement of claims for loss of consortium.

We recently resolved the first inquiry in P & R Welding v. Workmen’s Compensation Appeal Board (Larry J. Pergola), 549 Pa. 490, 701 A.2d 560 (1997), where we…