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CITY OF MEADVILLE v. W.C.A.B. (KIGHTLINGER)

810 A.2d 703 (2002)

CITY OF MEADVILLE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (KIGHTLINGER), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 17, 2002.

Reargument Denied December 10, 2002.

Attorney(s) appearing for the Case

Richard E. Bordonaro, Erie, for petitioner.

William T. Jorden, Meadville, for respondent.

Dale G. Larrimore, Philadelphia, for amicus curiae, PA Trial Lawyers Association.

BEFORE: COLINS, President Judge, LEADBETTER, Judge, and MIRARCHI, Jr., Senior Judge.

OPINION BY Judge LEADBETTER.

This appeal presents the issue of whether The PMA Group, employer's workers' compensation carrier, is entitled to subrogate against uninsured/underinsured motor vehicle funds paid to the injured employee pursuant to a motor vehicle insurance policy maintained by the employer through Penn National Insurance Company. The Workers' Compensation Appeal Board (Board) concluded that PMA was not entitled to subrogation and reversed the order of...

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