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

137 Pa.Commw. 387 (1991)

586 A.2d 496

COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF WORKERS' COMPENSATION, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (COMMERCIAL UNION INSURANCE COMPANY, Insurance Company of North America and Aetna Life and Casualty Company), Respondents.

Commonwealth Court of Pennsylvania.

Decided January 28, 1991.

Attorney(s) appearing for the Case

Richard T. Kelley, Deputy Chief Counsel, with him, Paul E. Baker, Sr. Counsel, Harrisburg, for petitioner.

Gregory D. Geiss, with him, Cal A. Leventhal, Honesdale, and Richard D. Harburg, David Pennington, Charles S. Katz, Jr., Sharolyn Murphy Henderson, Swartz, Campbell & Detweiler, Philadelphia, for respondent, Commercial Union Ins. Co.

James T. Anthony, with him, Wilbur C. Creveling, Jr., Creveling & Creveling, Allentown, for respondent, Aetna Life & Cas. Co.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

CRAIG, Judge.

This is an appeal by the Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Worker's Compensation (Commonwealth) from a consolidated order of the Workmen's Compensation Appeal Board which, being evenly divided on the legal issue raised, affirmed the decisions of four referees in five different cases.

In four of the cases, the referees permitted insurance carriers to obtain reimbursement from the supersedeas fund for medical...

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