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INDEPENDENCE BLUE CROSS v. W.C.A.B.

820 A.2d 868 (2003)

INDEPENDENCE BLUE CROSS, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (FRANKFORD HOSPITAL and Susan Nothnagel), Respondents. Susan Nothnagel, Petitioner v. Workers' Compensation Appeal Board (Independence Blue Cross and Frankford Hospital), Respondents.

Commonwealth Court of Pennsylvania.

Decided April 7, 2003.

Attorney(s) appearing for the Case

John Jackson, Bromall, for petitioner.

Kenneth M. Rodgers, Philadelphia, for respondent, S. Nothnagel.

William F. Sweeney, Philadelphia, for respondent, Frankford Hospital.

BEFORE: SMITH-RIBNER, Judge, SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

In these consolidated matters, Independence Blue Cross (Blue Cross) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that affirmed a dismissal of its review and penalty petitions because it waived its subrogation interest. Susan Nothnagel (Claimant) petitions for review of the Board's reversal of an award of attorney fees and costs. We affirm the Board in both matters...

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