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WALL v. CONN WELD. & MACH. CO. et al.

197 Pa.Super. 360 (1962)

Wall v. Conn Welding & Machine Company et al., Appellants.

Superior Court of Pennsylvania.

March 21, 1962.

Attorney(s) appearing for the Case

Henry E. Rea, Jr., with him Brandt, Riester, Brandt & Malone, for appellants.

Paul E. Moses, with him Evans, Ivory & Evans, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY WATKINS, J., March 21, 1962:

This is a workmen's compensation case where the injury was caused by the negligence of a third party. The question before us is whether the employer is liable for the pro rata share of counsel fees based, not only on the amount of compensation already paid but also on the amount of future compensation the employer is relieved from paying as the result of a settlement obtained by the claimant against a third party tortfeasor...

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