Kennedy v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

Clyde Kennedy (Claimant) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) granting the request of Henry Modell & Co., Inc. (Employer) to recover the workers’ compensation benefits it paid to Claimant by way of a subrogation lien against Claimant’s third party recovery. In doing so, the Board affirmed the Workers’ Compensation Judge’s (WCJ) determination that Employer is entitled to subro-gation because Claimant’s tort damages arose from his work injury. Finding no error, we affirm.

The following facts are not in dispute. On May…