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PA. MFRS. ASS'N INS. CO. v. WOLFE

386 Pa.Super. 333 (1989)

563 A.2d 94

PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Appellee, v. Ronald B. WOLFE and Rose Wolfe, His Wife, Richard C. Angino and Angino & Rovner, P.C., Appellants. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Appellant, v. Ronald B. WOLFE and Rose Wolfe, His Wife, Richard C. Angino and Angino & Rovner, P.C., Appellees.

Supreme Court of Pennsylvania.

Filed July 11, 1989.

Reargument Denied August 31, 1989.

Petition for Allowance of Appeal Granted January 29, 1990.

Attorney(s) appearing for the Case

Richard C. Angino, Harrisburg, for appellants (at 96) and appellees (at 139).

Dennis J. Bonetti, Harrisburg, for appellant (at 139) and appellee (at 96).

Before BECK, KELLY and HESTER, JJ.

BECK, Judge:

This case presents a question not previously addressed in our appellate case law. The issue is: Where an attorney for an injured employee who has been paid worker's compensation benefits negotiates a structured settlement on behalf of the injured employee in the employee's action against a third party tortfeasor, and the initial payment under the settlement is not sufficient to pay both the attorney's fee and the subrogation claim of the employer's compensation...

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