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TYSON v. W. C. A. B. ET AL.

No. 388 C.D. 1981.

67 Pa.Commw. 213 (1982)

Wilbur P. Tyson, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, City of Chester and Pennsylvania Manufacturer's Association Insurance, Respondents.

Commonwealth Court of Pennsylvania.

June 18, 1982.

Attorney(s) appearing for the Case

Randee B. Pavalow, with him Michael A. Paul, Richard, Brian, DiSanti & Hamilton, for petitioner.

Robert C. Geller, Jr., with him Patrice Toland, for respondents.

Argued March 1, 1982, before Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, June 18, 1982:

The issue presented in this appeal is whether the Workmen's Compensation Appeal Board properly applied the law concerning an employer's right to subrogate a claimant's workmen's compensation benefits when those benefits are awarded after the employer's payment of full salary pursuant to Section 1 of the Act of June 28, 1935, (Heart and Lung Act), P.L. 477, as amended, 53 P.S. § 637. For the reasons which follow, we...

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