DEPT. OF LABOR & INDUSTRY v. W. C. A. B. ET AL.

No. 1711 C.D. 1979.

57 Pa.Commw. 633 (1981)

Commonwealth of Pennsylvania, Department of Labor & Industry, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Liberty Mutual Insurance Company, Respondents.

Commonwealth Court of Pennsylvania.

March 19, 1981.


Attorney(s) appearing for the Case

Lisa Roth, Assistant Attorney General, with her Laurence W. Dague, Assistant Attorney General, for petitioner.

Mary J. McCrory, with her Scott E. Becker, Kyle and Ehrman, for respondent.

Argued December 8, 1980, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MENCER, March 19, 1981:

The Commonwealth of Pennsylvania (Commonwealth) has appealed from a final order of the Workmen's Compensation Appeal Board (Board) which granted partial reimbursement to the Liberty Mutual Insurance Company (insurer) from the Commonwealth's Supersedeas Fund, as a result of a petition to modify an award of benefits to Kenneth D. Wade (claimant). We reverse.

The Supersedeas Fund was created by the General Assembly in...

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