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MRKICH v. W.C.A.B. (CHILD & YOUTH SERV.)

801 A.2d 668 (2002)

Diane MRKICH, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (ALLEGHENY COUNTY CHILDREN & YOUTH SERVICES), Respondent. Allegheny County Children & Youth Services, Petitioner, v. Workers' Compensation Appeal Board (Mrkich), Respondent.

Commonwealth Court of Pennsylvania.

Decided June 28, 2002.

Attorney(s) appearing for the Case

Wendy K. Ligo, Pittsburgh, for petitioner.

Vito S. Bochicchio, Pittsburgh, for respondent.

BEFORE: PELLEGRINI, Judge, LEADBETTER, Judge, and MIRARCHI, Senior Judge.

OPINION BY Judge LEADBETTER.

In this consolidated action, claimant, Diane Mrkich, and her employer, Allegheny County Children & Youth Services, each petition for review from a decision by the Workers' Compensation Appeal Board (Board). At issue is how an employer may enforce its subrogation lien against a claimant who obtains a recovery from a third party tortfeasor. Once again we face the peculiar problems confronted...

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