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MARTION v. W.C.A.B. (PECO ENERGY)

813 A.2d 945 (2002)

Jo Anne MARTINO, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (PECO ENERGY), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 17, 2002.

Attorney(s) appearing for the Case

Norman Weinstein, Philadelphia, for petitioner.

Robert W. Elias, King of Prussia, for respondent.

BEFORE: FRIEDMAN, J., LEADBETTER, J., and MIRARCHI, JR., Senior Judge.

OPINION BY Judge LEADBETTER.

This appeal presents the issue of whether employer is entitled under Section 319 of the Workers' Compensation Act,1 as amended, 77 P.S. § 671, to assert its subrogation lien against claimant's entire third-party recovery where there has not been a determination or adjudication regarding the amount of recovery attributable to the spouse's loss of consortium...

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