Rissmiller v. Workers' Compensation Appeal Board

LEADBETTER, Judge.

Petitioner claims in this appeal that an oral agreement to settle a workers’ compensation subrogation dispute is enforceable. Based upon both the applicable statute and recent caselaw, we hold that it is not, and thus affirm the order of the Workers’ Compensation Appeal Board (Board).

In 1995, claimant Horace B. Rissmiller suffered a work-related motor vehicle accident for which he received temporary total disability benefits of $509 per week. Claimant, meanwhile, filed claims against the third party tortfeasor and his employer’s underinsured motorist carrier. Those claims…