DARR CONST. CO. v. W.C.A.B. (WALKER)


552 Pa. 400 (1998)

715 A.2d 1075

DARR CONSTRUCTION COMPANY and Rockwood Casualty Insurance Company, Appellants, v. WORKMEN'S COMPENSATION APPEAL BOARD (Richard WALKER, Donald Reed, James Walker, Neil Rayman and Donald Ziegler), Appellees.

Supreme Court of Pennsylvania.

Decided July 21, 1998.


Attorney(s) appearing for the Case

Pamela G. Cochenour, Michael A. Cohen, Pittsburgh, for Darr Const. Co. and Rockwood Cas. Ins. Co.

Vincent J. Barbera, Somerset, for Richard Walker, Donald Reed, James Walker, Neil Rayman and Donald Ziegler.

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


OPINION

ZAPPALA, Justice.

In these consolidated appeals and cross-appeals, the employer raises the issue of whether its subrogation interest in the claimants' recovery from a third party tortfeasor is to be calculated by utilization of the gross method or the net method. Claimants raise the issue of whether the employer has a right of subrogation over proceeds recovered by their wives through the settlement of claims for loss of consortium.

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