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DEPAUL CONCRETE v. W.C.A.B. (WHITE)

734 A.2d 481 (1999)

DePAUL CONCRETE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (WHITE), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 19, 1999.

Attorney(s) appearing for the Case

Jonathan F. Ball, Philadelphia, for petitioner.

Andrew S. Blau, Feasterville, for respondent.

Before COLINS, President Judge, and DOYLE, J., SMITH, J., PELLEGRINI, J., FRIEDMAN, J., FLAHERTY, J., and LEADBETTER, J.

SMITH, Judge.

The ultimate question posed by DePaul Concrete (DePaul) for resolution by the Court is when does an employer's cause of action in the nature of a claim for subrogation arise in order to determine which version of Section 1720 of the Motor Vehicle Financial Responsibility Law (MVFRL), as amended, 75 Pa.C.S. § 1720, controls the outcome of this appeal. Section 1720 governs the allocation of proceeds of a third-party tort recovery and the subrogation...

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