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POWELL v. SACRED HEART HOSP. ET AL.

No. 320 C.D. 1985.

99 Pa.Commw. 575 (1986)

514 A.2d 241

Pamela A. Powell, Individually and as Administratrix of the Estate of David W. Powell v. Sacred Heart Hospital et al. Pennsylvania Manufacturers' Association Insurance Company, Appellant.

Commonwealth Court of Pennsylvania.

August 12, 1986.

Attorney(s) appearing for the Case

Eugene R. Mayberry, with him, John P. Thomas, for appellant.

George K. Keenan, for appellee.

Argued February 4, 1986, before Judges ROGERS and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, August 12, 1986:

Before this Court is the appeal by Pennsylvania Manufacturers' Association Insurance Company (PMA), of the order of a trial court, denying its claim to be subrogated out of a third party settlement for workmen's compensation benefits required to be paid by PMA because of a death, the basis for the third party funds. The Plaintiff in the third party case was Pamela A. Powell, widow of David W. Powell, deceased employee...

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