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HANNIGAN v. W.C.A.B. (O'BRIEN ULTRA SERVICE)

860 A.2d 632 (2004)

Garrett HANNIGAN, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (O'BRIEN ULTRA SERVICE STATION), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 1, 2004.

Attorney(s) appearing for the Case

Richard T. Kupersmith, Philadelphia, for petitioner.

Deborah Beck, Philadelphia, for respondent.

BEFORE: COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, LEAVITT, Judge.

OPINION BY Judge LEADBETTER.

The issue presented for review is whether an employer is entitled to subrogate against uninsured motorist benefits that the claimant receives under a policy of motor vehicle insurance purchased by someone other than the claimant, the employer or the tortfeasor who caused the motor vehicle accident. The Workers' Compensation Appeal Board (Board) concluded that employer was entitled to subrogate against the funds and reversed the order of...

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