# Tyson v. Commonwealth, Workmen's Compensation Appeal Board

> Commonwealth Court of Pennsylvania · June 18, 1982 · 67 Pa. Commw. 213

URL: https://www.frixlaw.com/law-library/cases/6368338

## Case

- **Full name:** Wilbur P. Tyson v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, City of Chester and Pennsylvania Manufacturer's Association Insurance
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** June 18, 1982
- **Citations:** 67 Pa. Commw. 213; 446 A.2d 733; 1982 Pa. Commw. LEXIS 1349
- **Precedential status:** Published
- **Opinion:** Concurrence by MacPhail
- **Judges:** Craig, Doyle, MacPhail, Mencer
- **Cited by:** 3 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/6368338

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6368338. Public record. Not legal advice.