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REESE v. W.C.A.B. (PENN NUTRIENTS, INC.)

No. 431 C.D. 1985.

95 Pa.Commw. 325 (1986)

505 A.2d 405

Harold R. Reese, Jr., (deceased) by Marion M. Reese, Petitioner v. Workmen's Compensation Appeal Board (Penn Nutrients, Inc.), Respondents.

Commonwealth Court of Pennsylvania.

March 3, 1986.

Attorney(s) appearing for the Case

Thomas J. Floyd, Jr., Shirk, Reist, Wagenseller and Shirk, for petitioner.

Joseph P. Hafer, Thomas & Thomas, for respondent, Penn Nutrients, Inc.

Submitted on briefs February 3, 1986, to Judges ROGERS and DOYLE, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 3, 1986:

This is the appeal of Marion M. Reese (petitioner), widow of Harold R. Reese, Jr. (decedent), from an order of the Pennsylvania Workmen's Compensation Appeal Board (board) determining the amount, on a weekly basis, to which the decedent's employer is entitled to be subrogated from the proceeds of a settlement of a wrongful death action against a third party.

The decedent died on December 15, 1977 as a result of injuries...

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