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POOLE v. W.C.A.B. (WAREHOUSE CLUB, INC.)

810 A.2d 1182 (2002)

William R. POOLE, Jr., v. WORKERS' COMPENSATION APPEAL BOARD (WAREHOUSE CLUB, INC.), Appeal of Warehouse Club, Inc.

Supreme Court of Pennsylvania.

Decided November 20, 2002.

Attorney(s) appearing for the Case

F. David Dermotta, for Warehouse Club, Inc.

James A. Holzman, Harrisburg, Amber Marie Kenger, Mechanicsburg, Workers' Compensation Appeal Board.

Elizabeth M. Tarasi Jr., for William R. Poole, Jr.

Neil Anthony Grover, Harrisburg, for Pennsylvania Trial Lawyers Association.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Chief Justice ZAPPALA.

We granted Warehouse Club, Inc.'s, petition for allowance of appeal to determine whether proceeds from a legal malpractice action are subject to subrogation pursuant to Section 319 of the Workers' Compensation Act of June 2, 1915, P.L. 736, art. III § 319 as reenacted and amended, 77 P.S. § 671. For the reasons below, we hold that such proceeds are subject to subrogation and reverse the order of the...

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