Legal Opinion

Donaldson v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided March 26, 1999PublishedCited by 4 opinions

1Opinion of the Court

LEADBETTER, Judge.

Claimant, Samuel Donaldson, petitions for review of the September 3, 1997 order of the Workers’ Compensation Appeal Board (Board) affirming the order of the workers’ compensation judge (WCJ). The question presented is whether the Workers’ Compensation Security Fund (Fund) has a valid statutory subrogation lien with respect to claimant’s third-party recovery in a civil action.

Donaldson sustained a work-related injury on May 1, 1985, while working for Joseph B. Fay Company. Pursuant to a Notice of Compensation Payable, Westmoreland Casualty, employer’s insurance carrier at the…

2Cases cited2 opinions

  1. Reliance Insurance v. Richmond MacHine Co.Superior Court of Pennsylvania · 1983
  2. Miles v. Van MeterSuperior Court of Pennsylvania · 1993

3Cited by4 opinions

  1. Lerch v. Unemployment Comp. Bd. of ReviewCommonwealth Court of Pennsylvania · 2018
  2. Brubacher Excavating, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  3. Brubacher Excavating, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  4. H.N. Kabiru v. BPOA, State Board of Vehicle Manufacturers, Dealers and SalespersonsCommonwealth Court of Pennsylvania · 2023

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