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P & R WELDING & FABRICATING v. W.C.A.B.

549 Pa. 490 (1997)

701 A.2d 560

P & R WELDING & FABRICATING and The Donegal Mutual Insurance Company, Appellees. v. WORKMEN'S COMPENSATION APPEAL BOARD (Larry J. PERGOLA). Appeal of Larry J. PERGOLA.

Supreme Court of Pennsylvania.

Decided October 24, 1997.

Attorney(s) appearing for the Case

Brooke M. Boyer, Reading, for Larry J. Pergola.

John C. Mascelli, Scranton, for P & R Welding.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue on appeal is whether the "gross method" or the "net method" should be utilized in calculating an employers'/workers' compensation insurers' subrogation rights and liabilities pursuant to Section 319 of the Workers' Compensation Act, 77 P.S. § 671, with respect to an employee's recovery in a third-party tort action. Because we hold that the gross method should be utilized in this situation...

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