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SAVAGE v. JEFFERSON M.C. HOSPITAL et al.

Appeal, No. 197 C.D. 1971.

7 Pa.Commw. 35 (1972)

Savage v. Jefferson Medical College Hospital, et al.

Commonwealth Court of Pennsylvania.

December 18, 1972.

Attorney(s) appearing for the Case

John F. McElvenny, with him Henry F. Furman and Frederick W. Anton, III, for appellants.

George A. D'Angelo, with him Michael C. McManus and Truscott and Erisman, for appellee.

Argued October 3, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, December 18, 1972:

This is a workmen's compensation case. The question is whether the workmen's compensation insurance carrier for the employer can claim subrogation rights, under Section 319 of The Workmen's Compensation Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 671, in a fund of money resulting from settlement of a lawsuit based upon the employe's being negligently injured by the employer subsequent to the on the job accident...

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