Attorney(s) appearing for the Case
Barbara Adams , PA Office of General Counsel, Thomas J. Kuzma , Harrisburg, Janet Louise Palese , Jane C. Pomerantz , Harrisburg, for Department of Labor and Industry, Bureau of Workers' Compensation.
Stephanie Lynn Hersperger , John Trowbridge Huskin Jr. , Thomas, Thomas & Hafer, L.L.P., Harrisburg, for Excelsior Insurance.
Amber Marie Kenger , Richard C. Lengler , Harrisburg, PA Department of Labor & Industry, for Workers' Compensation Appeal Board.
Michael D. Sherman , Fried, Kane, Walters, Zuschlag & Grochmal, Pittsburgh, for Appellee Amicus Curiae, Pennsylvania Defense Institute.
BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.
Supreme Court of Pennsylvania.
We granted review to consider whether a Workers' Compensation employer's insurance carrier should be reimbursed from the Supersedeas Fund for specific payments made to a claimant prior to the ultimate grant of supersedeas. The question turns on whether the relevant payments constituted payments of "compensation" within the meaning of Section 443 of the Workers' Compensation Act ("WCA"), 77 P.S. § 999(a), or, as argued by...
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