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THOMPSON v. W.C.A.B. (USF & G CO.)

801 A.2d 635 (2002)

John L. THOMPSON, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (USF & G COMPANY and Craig Welding & Equipment Rental), Respondents.

Commonwealth Court of Pennsylvania.

Decided June 21, 2002.

Attorney(s) appearing for the Case

James L. Gillespie, Jr., Pittsburgh, for petitioner.

C.S. Fossee, Cranberry Township, for respondents.

John J. Bagnato, Johnstown, for amicus curiae, Bethenergy Mines, Inc.

Before LEADBETTER, Judge, and LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge LEADBETTER.

This case is before us on remand from our Supreme Court. We are now called upon to address an issue which we did not reach during our initial consideration of the case, to wit, whether an employer which has paid workers' compensation benefits has subrogation rights in a third party tort recovery even though the employee and tortfeasor have designated the settlement funds as solely attributable to pain and suffering. The history of this...

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