Legal Opinion

Schmidt v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided November 17, 2003Published

1Opinion of the Court

*878OPINION BY

Judge LEAVITT.

Bertram Schmidt (Claimant) petitions for review of the Workers’ Compensation Appeal Board’s (Board) adjudication granting the suspension-modification petition filed by Pepsi Cola Company (Employer). The Board held that Employer was entitled to subrogation against Claimant’s tort recovery from third parties for his injuries. Further, it reduced Claimant’s claim for the costs of his litigation, thereby increasing the net subrogation amount owed to Employer. In doing so, the Board affirmed the remand decision of the Workers’ Compensation Judge (WCJ). We affirm the Board.

On…

2Cases cited6 opinions

  1. Panea v. IsdanerSuperior Court of Pennsylvania · 2001
  2. Thompson v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2002
  3. Miles v. Van MeterSuperior Court of Pennsylvania · 1993
  4. Cullen v. PA. PROPERTY AND CAS. INS. GUAR. ASS'NCommonwealth Court of Pennsylvania · 2000
  5. Besack v. Rouselle Corp.District Court, E.D. Pennsylvania · 1989

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