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MONESSEN, INC. v. W.C.A.B. (FLEMING)

875 A.2d 415 (2005)

MONESSEN, INC., Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (FLEMING), Respondent.

Commonwealth Court of Pennsylvania.

Decided May 27, 2005.

Attorney(s) appearing for the Case

Todd K. Foster, Pittsburgh, for petitioner.

Daniel K. Bricmont, Pittsburgh, for respondent.

BEFORE: COLINS, President Judge, and LEADBETTER, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

In this appeal, we are asked whether the Workers' Compensation Appeal Board (Board) exceeded its authority in reducing the rate by which an employer may recover its subrogation lien based on a claimant's asserted financial hardship. Concluding it did, we reverse.

In October 1995, James Fleming (Decedent) filed a claim petition against Monessen, Inc. (Employer) and its insurance carrier, the State Workers' Insurance Fund, alleging...

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