Swink v. Workmen's Compensation Appeal Board

Opinion by

Judge MacPhail,

Albert R. Swink, Sr. (Claimant) appeals an order of the Workmens Compensation Appeal Board (Board) affirming a referees decision which granted the modification petition of Burrell Construction & Supply Company (Employer), thereby permitting Employer to be subrogated to the right of Claimant against a third-party tortfeasor, and which denied Claimants claim petition. We affirm.

The referee made the following findings of feet, which are supported by the record:

1. The claimant, Albert R. Swink,. Sr., was injured in the course and scope of his employment with the Burrell…