Commonwealth, Department of Labor & Industry v. Commonwealth

Opinion by

Judge Mencer,

The Commonwealth of Pennsylvania (Commonwealth) has appealed from a final order of the Workmen’s Compensation Appeal Board (Board) which granted partial reimbursement to the Liberty Mutual Insurance Company (insurer) from the Commonwealth’s Supersedeas Fund, as a result of a petition to modify an award of benefits to Kenneth D. Wade (claimant). We reverse.

The Supersedeas Fund was created by the General Assembly in 1975 to provide reimbursement to insurers who make payments to claimants after modification petitions are filed but before a decision can be made. Section 443…