Sharkey v. Workers' Compensation Appeal Board

LEADBETTER, Judge.

Petitioner Rose Sharkey appeals from the order of the Workers’ Compensation Appeal Board (Board), which affirmed the allowance of subrogation rights to Shar-key’s American Hardware (employer) against petitioner’s third-party recovery in a medical malpractice action. The issue before this court is whether employer met its burden of proof by demonstrating through substantial evidence of record that it is entitled to subrogate against petitioner’s third-party recovery pursuant to Section 319 of the Workers’ Compensation Act (Act). 1 After review, we reverse.

In March 1988, while…