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UPDIKE v. W.C.A.B. (YEAGER SUPPLY, INC.)

740 A.2d 1193 (1999)

Russell UPDIKE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (YEAGER SUPPLY, INC.), Respondent.

Commonwealth Court of Pennsylvania.

Decided September 3, 1999.

Publication Ordered November 15, 1999.

Attorney(s) appearing for the Case

Gary C. Martin, Philadelphia, for petitioner.

Gregory D. Geiss, Harrisburg, for respondent.

Before KELLEY, J., LEADBETTER, J., and JIULIANTE, Senior Judge.

LEADBETTER, Judge.

Petitioner Russell Updike appeals from an order of the Workers' Compensation Appeal Board which affirmed the allowance of subrogation rights to Yeager Supply, Inc., Updike's employer, against a third-party tort recovery obtained by Updike.

On May 10, 1990, in the course and scope of his employment, Updike delivered a load of pipe to one of employer's customers (Valley Protein). A forklift, driven by a Valley Protein employee, was to offload...

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