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LUSBY v. W.C.A.B. (FISCHLER CO.)

No. 804 C.D. 2008

976 A.2d 1230 (2009)

William LUSBY, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (FISCHLER CO. & SPARMON, INC.), Respondents.

Commonwealth Court of Pennsylvania.

Decided July 9, 2009.

Attorney(s) appearing for the Case

George E. Clark, II, Pittsburgh, for petitioner.

Paul G. Mayer, Jr., Pittsburgh, for respondent.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge SIMPSON.

This workers' compensation appeal is currently a dispute between two insurance companies about which one must recoup duplicate payments to medical providers. Liability to William Lusby (Claimant) is fully satisfied. The Workers' Compensation Judge (WCJ) ruled in favor of Claimant's private insurer, Highmark, now represented by Claimant's lawyer. The Workers' Compensation Appeal Board (Board) ruled in favor of the workers' compensation insurer...

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