# Department of Labor & Industry v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · May 10, 2011 · 610 Pa. 331

URL: https://www.frixlaw.com/law-library/cases/2550569

## Case

- **Full name:** DEPARTMENT OF LABOR & INDUSTRY, Bureau of Workers’ Compensation, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (EXCELSIOR INSURANCE), Respondent
- **Court:** Supreme Court of Pennsylvania
- **Decided:** May 10, 2011
- **Citations:** 610 Pa. 331; 19 A.3d 511; 2011 Pa. LEXIS 1100
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2550569

## Opinion text

ORDER
PER CURIAM.
AND NOW, this 10th day of May, 2011, the Petition for Allowance of Appeal is GRANTED. The first issue, rephrased for clarity, is:
(1) Whether the payments made by Excelsior Insurance to Claimant, for which Excelsior Insurance sought reimbursement from the Supersedeas Fund, constituted payments of compensation within the meaning of Section 443 of the Workers’ Compensation Act (“Act”), 77 P.S. § 999(a), and were, therefore, subject to reimbursement by the Supersedeas Fund, or whether such payments constituted the payment of costs associated with obtaining the settlement of
*332
Claimant’s third-party tort action under Section 319 of the Act, 77 P.S. § 671.
The second issue, as phrased by Petitioner, is:
(2) Whether equity requires that the Supersedeas Fund reimburse the insurer’s
pro rata
share of attorney fees and costs incurred by a claimant in recovering from a third-party tort feasor?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2550569. Public record. Not legal advice.