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MILLER v. W.C.A.B. (GIANT FOOD STORES)

715 A.2d 564 (1998)

Lyrian K. MILLER, Widow of Melvin E. Miller, Deceased, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (GIANT FOOD STORES, INC.), Respondent. GIANT FOOD STORES, INC., Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (MILLER), Respondent.

Commonwealth Court of Pennsylvania.

Decided August 3, 1998.

Attorney(s) appearing for the Case

Gregory D. Geiss, Harrisburg, for petitioner.

Thomas P. Lang, York, for respondent.

Before DOYLE and LEADBETTER, JJ., and JIULIANTE, Senior Judge.

LEADBETTER, Judge.

This case presents two questions concerning the respective rights of employers and claimants when the proceeds of a third party tort action satisfy some or all of the employer's obligation to provide compensation to an injured employee under the Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1041.4.1

Lyrian K. Miller (claimant) is the widow...

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