Legal Opinion

Stout v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided May 22, 2008No. 1969 C.D. 2007PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this workers’ compensation appeal, we consider an employer’s subrogation rights in the context of two civil actions filed by the injured employee. In particular, Leroy Stout (Claimant) challenges orders granting Pennsbury Excavating, Inc.’s (Employer) review petition seeking subrogation under Section 319 of the Workers’ Compensation Act (Act) 1 against Claimant’s third party tort recovery. Claimant asserts the Workers’ Compensation Appeal Board (Board) erred in affirming the subrogation award because Employer and its workers’ compensation insurer, Selective Way…

2Cases cited8 opinions

  1. Daniels v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  2. Thompson v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2001
  3. Minicozzi v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2005
  4. Brubacher Excavating, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  5. PMA Insurance Group v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1995

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Good Tire Service v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2009
  2. Good Tire Service v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2009
  3. In re Estate of McCarthy, Pennsylvania Court of Common Pleas, Lawrence County2015
  4. J. Lewis v. WCAB (Fastrack Construction, Inc.)Commonwealth Court of Pennsylvania · 2016
  5. Jo Jo Pizza & Eastern Alliance Ins. Co. v. Larry Pitt & Assoc., P.C.Commonwealth Court of Pennsylvania · 2022

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