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DEPT. OF LABOR v. W.C.A.B. (EXCELSIOR INS.)

No. 46 MAP 2011.

58 A.3d 18 (2012)

DEPARTMENT OF LABOR AND INDUSTRY, BUREAU OF WORKERS' COMPENSATION, Appellant v. WORKERS' COMPENSATION APPEAL BOARD (EXCELSIOR INSURANCE), Appellees.

Supreme Court of Pennsylvania.

Decided November 21, 2012.

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.

OPINION

Justice BAER.

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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