Opinion

Tyson v. Commonwealth, Workmen's Compensation Appeal Board

  • 67 Pa. Commw. 213
  • 446 A.2d 733
  • 1982 Pa. Commw. LEXIS 1349
Court
Commonwealth Court of Pennsylvania
Filed
Jun 18, 1982
Status
Published
Author
MacPhail
On the bench
Craig, Doyle, MacPhail, Mencer
Cited by
3 cases

When an employee’s disability brings him under the purview of both statutes, “the ultimate obligation for compensation lies in the Workmen’s Compensation Act.”

How later courts described this case

  • When an employee’s disability brings him under the purview of both statutes, “the ultimate obligation for compensation lies in the Workmen’s Compensation Act.”

Written by the judges who cited it.

The opinion

Concurring Opinión by

Judge MacPhail, :

It is my understanding that the sole issue presented by this appeal is whether the Board erred when it failed to award counsel fees for the period from Feb *219 ruary 21, 1977 to August 1, 1977. I agree with the majority that the Board did err in that regard. Once the Board determined that workmen’s compensation benefits were payable for the period from February 21, 1977 to August 1, 1977, it follows that counsel fees should have been awarded for the same period of time, irrespective of the employer’s .subrogation rights or any right to credit or set-off of the insurance carrier. Believing that it is unnecessary for us to decide anything beyond that narrow issue, I concur in the result only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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