Whitmoyer v. Workers' Compensation Appeal Board

OPINION BY

JUDGE SIMPSON

In this factually complex workers’ compensation appeal involving an employer’s subrogation rights, we are asked whether those rights extend beyond indemnity payments and also reach payments toward medical bills. Although this issue has already been decided, new arguments are raised in reliance on recent Supreme Court decisions.

Craig Whitmoyer (Claimant) argues the workers’ compensation authorities erred in granting Mountain Country Meats’ (Employer) petition to modify a compensation agreement reached after a third-party negligence claim was resolved. The parties refer…