Chomas v. Workmen's Compensation Appeal Board

CRAIG, President Judge.

The claimant, Marilyn Chomas, appeals from an order of the Workmen’s Compensation Appeal Board, which denied the claimant’s request for an award of counsel fees out of the subrogation amount received by Metropolitan Life Insurance Company, the sickness and accident carrier for Volkswagen of America, the employer, after the claimant’s worker compensation benefits replaced sickness and accident proceeds previously received by the claimant.

The issue in this case is whether the board erred in determining that, because the claimant and Metropolitan did not have an agreement…