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BRUBACHER EXCAVATING, INC. v. W.C.A.B.

774 A.2d 1274 (2001)

BRUBACHER EXCAVATING, INC., Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (Bridges), Respondent.

Commonwealth Court of Pennsylvania.

Decided May 7, 2001.

Attorney(s) appearing for the Case

Andrew E. Greenberg, Philadelphia, for petitioner.

Joan E. London, Reading, for respondent.

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

McGINLEY, Judge.

Brubacher Excavating, Inc. (Brubacher) seeks review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) denial of Brubacher's petition for a subrogation lien.

The WCJ made the following pertinent findings of fact:

1. The claimant, James Bridges [Bridges], was employed by Brubacher... on September 17, 1992 as a Master Mechanic. 2. On September 17, 1992, Bridges...

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