VARE BROS. ET AL. v. W. C. A. B. ET AL.

No. 882 C.D. 1978.

43 Pa.Commw. 582 (1979)

Vare Brothers and The Travelers Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Domenic A. Tropiano, Respondents.

Commonwealth Court of Pennsylvania.

June 28, 1979.


Attorney(s) appearing for the Case

Joseph J. Murphy, with him, of counsel, Robert J. Murphy, and Thomas W. Murphy, for petitioner.

James C. Everett, with him Herbert Monheit and Tod I. Mammuth, for respondent.

Argued March 8, 1979, before Judges CRUMLISH, JR., BLATT and CRAIG, sitting as a panel of three.


OPINION BY JUDGE BLATT, June 28, 1979:

This is an appeal by Vare Brothers (employer) and its insurance carrier, The Travelers Insurance Company from an order of the Workmen's Compensation Appeal Board (Board) which reversed the referee's grant to the employer of subrogation rights and suspension of benefit payments.

Domenic A. Tropiano (employee) suffered a work-related injury on April 22, 1964. As a result, a Compensation Agreement was executed which provided...

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