Mrkich v. Workers' Compensation Appeal Board

OPINION BY

Judge LEADBETTER.

In this consolidated action, claimant, Diane Mrkieh, and her employer, Allegheny County Children & Youth Services, each petition for review from a decision by the Workers’ Compensation Appeal Board (Board). At issue is how an employer may enforce its subrogation hen against a claimant who obtains a recovery from a third party tortfeasor. Once again we face the peculiar problems confronted by this court in Allegheny Beverage Corporation v. Workmen’s Compensation Appeal Board (Wolfe), 166 Pa.Cmwlth. 646, 646 A.2d 762 (1994) (Wolfe II), which arise from applying…