Fox v. Workers' Compensation Appeal Board

OPINION BY

Judge PELLEGRINI.

James Fox, Jr. (Claimant) appeals an order of the Workers’ Compensation Appeal Board (Board) upholding the order of the Workers’ Compensation Judge (WCJ) that granted PECO Energy Company (Employer) subrogation rights against Fox’s third-party recovery against the City of Philadelphia (City). The real party in interest, though, is the City who has agreed to reimburse Claimant for any sums he had to pay to satisfy Employer’s subrogation claims. The Claimant, through the City, maintains that the Employer has no subrogation rights where a governmental entity is the…