Tyson v. Commonwealth, Workmen's Compensation Appeal Board

Opinion by

Judge Doyle,

The issue presented in this appeal is whether the Workmen’s Compensation Appeal Board properly applied the law concerning an employer’s right to subrogate a claimant’s workmen’s compensation benefits when those benefits are awarded after the employer’s payment of full salary pursuant to Section 1 of the Act of June 28,1935, (Heart and Lung Act), P.L. 477, as amended, 53 P.S. §637. For the reasons which follow, we reverse the decision of the Workmen’s Compensation Appeal Board (Board).

Wilbur P. Tyson (Claimant), a police officer for the City of Chester (Employer),…