American Red Cross v. Workers' Compensation Appeal Board

DOYLE, President Judge.

The American Red Cross (Employer) appeals from an order of the Workers’ Compensation Appeal Board (Board) which affirmed a decision of a Workers’ Compensation Judge (WCJ) which denied its modification and review petition. Specifically, Employer’s petition sought to subrogate against proceeds from an uninsured/underinsur'ed insurance policy paid for exclusively by Frank Romano (Claimant).

The facts of the case are not in dispute. On October 20, 1995, Claimant was injured in a motor vehicle accident while in the course and scope of his employment. The driver of the vehicle…