Martino v. Workers' Compensation Appeal Board

*946OPINION BY

Judge LEADBETTER.

This appeal presents the issue of whether employer is' entitled under Section 319 of the Workers’ Compensation Act,1 as amended, 77 P.S. § 671, to assert its sub-rogation lien against claimant’s entire third-party recovery where there has not been a determination or adjudication regarding the amount of recovery attributable to the spouse’s loss of consortium claim. The Workers’ Compensation Appeal Board (Board) concluded that employer was entitled to subrogate against the entire third-party recovery and affirmed the grant of employer’s suspension petition.

The facts…