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MILES v. VAN METER

427 Pa.Super. 278 (1993)

628 A.2d 1159

Joshua MILES, Appellee, v. George William VAN METER and Greenfield Trans. Co., Inc. Appeal of PENNSYLVANIA WORKERS COMPENSATION SECURITY FUND.

Superior Court of Pennsylvania.

Filed July 26, 1993.

Attorney(s) appearing for the Case

L. Rostaing Tharaud, Philadelphia, for appellant.

Norman R. Segal, Philadelphia, for Miles, appellee.

Michael T. McDonnell, Philadelphia, for Van Meter and Greenfield Trans., appellee.

Before TAMILIA, POPOVICH and CERCONE, JJ.

POPOVICH, Judge:

This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County granting the petition of appellee, Joshua Miles, to settle with the Iowa Insurance Guaranty Association ("IIGA"), free and clear of a subrogation lien asserted by appellant, Pennsylvania Workers' Compensation Security Fund ("PWCSF"). We are presented with a question of first impression: whether PWCSF may assert a subrogation lien against a claimant's recovery...

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