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BRUBACHER EXCAVATING, INC. v. W.C.A.B.

835 A.2d 1273 (2003)

BRUBACHER EXCAVATING, INC., Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (BRIDGES), Appellee.

Supreme Court of Pennsylvania.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Andrew E. Greenberg, Peter J. Weber, Pittsburgh, for Brubacher Excavating, Inc.

James A. Holzman, Harrisburg, Amber Marie Kenger, Mechanicsburg, for W.C.A.B.

Joan E. London, Reading, for James Bridges.

Before CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Chief Justice CAPPY.

In this appeal, we consider the boundaries of the statutory provision of the Workers' Compensation Act that grants an employer the right of subrogation when a third party is found to have caused an employee's compensable injury, 77 P.S. § 671 ("Section 319"). Specifically at issue is whether Section 319 permits subrogation when an injured employee who is receiving workers' compensation benefits returns to work for...

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