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DONALDSON v. W.C.A.B. (WORKERS' COMPENSATION SECURITY FUND)

728 A.2d 994 (1999)

Samuel DONALDSON, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (PENNSYLVANIA WORKERS' COMPENSATION SECURITY FUND and Joseph B. Fay Company), Respondents.

Commonwealth Court of Pennsylvania.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Chris Michael Temple, Pittsburgh, for petitioner.

Warren D. Ferry, Butler, for respondent.

Before McGINLEY, J., LEADBETTER, J., and RODGERS, Senior Judge.

LEADBETTER, Judge.

Claimant, Samuel Donaldson, petitions for review of the September 3, 1997 order of the Workers' Compensation Appeal Board (Board) affirming the order of the workers' compensation judge (WCJ). The question presented is whether the Workers' Compensation Security Fund (Fund) has a valid statutory subrogation lien with respect to claimant's third-party recovery in a civil action.

Donaldson sustained a work-related injury on May 1, 1985, while...

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