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SHARKEY v. W.C.A.B.

744 A.2d 345 (1999)

Sean SHARKEY (Dec'd) and Rose Sharkey (Widow), Petitioners, v. WORKERS' COMPENSATION APPEAL BOARD (SHARKEY'S AMERICAN HARDWARE), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 21, 1999.

Reargument Denied February 14, 2000.

Attorney(s) appearing for the Case

Charlotte Bohner Luchak, Philadelphia, for petitioners.

Sandra R. Craig, Philadelphia, for respondent.

Before DOYLE, President Judge, and COLINS, J. and LEADBETTER, J.

LEADBETTER, Judge.

Petitioner Rose Sharkey appeals from the order of the Workers' Compensation Appeal Board (Board), which affirmed the allowance of subrogation rights to Sharkey's American Hardware (employer) against petitioner's third-party recovery in a medical malpractice action. The issue before this court is whether employer met its burden of proof by demonstrating through substantial evidence of record that it is entitled to subrogate against petitioner's third...

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