# Barrett v. Workers' Compensation Appeal Board

> Commonwealth Court of Pennsylvania · February 2, 2010 · 987 A.2d 1280

URL: https://www.frixlaw.com/law-library/cases/9747839

## Case

- **Full name:** Byron BARRETT, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (SUNOCO, INC.), Respondent; Sunoco, Inc. (R&M) and ESIS Wilmington WC, Petitioners v. Workers' Compensation Appeal Board (Barrett), Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** February 2, 2010
- **Citations:** 987 A.2d 1280; 2010 Pa. Commw. LEXIS 26; 2010 WL 348003
- **Precedential status:** Published
- **Opinion:** Concurrence by Pellegrini
- **Judges:** Pellegrini, Leavitt, Flaherty
- **Cited by:** 17 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/9747839

## How later opinions describe it (automated extraction)

- stating that where reimbursement is ordered, “[i]t is [the claimant’s] counsel that will be affected, not [the claimant], and it will not affect [the claimant’s] compensation benefits”
- noting that “our jurisprudence forbidding the return of overpayment of compensation benefits by a claimant has no rele-vanee here because litigation costs, not compensation benefits, are at issue” and that “[i]t is [cjlaimant’s counsel that .will be affected, not [cjlaimant, a…
- noting that “our jurisprudence forbidding the return of overpayment of compensation benefits by a claimant has no relevance here because litigation costs, not compensation benefits, are at issue” and that “[i]t is [c]laimant’s counsel that will be affected, not [c]laimant, and…
- holding, generally, that an employer may obtain reimbursement for litigation costs that were awarded in error under section 440 of the Act
- holding that, where an employer made an overpayment of litigation costs for a deposition, a claimant could be ordered to refund that overpayment

## Opinion text

Judge PELLEGRINI
concurs in the result only.
ORDER
AND NOW, this 2nd day of February, 2010, the order of the Workers’ Compensation Appeal Board dated March 17, 2009, in the above captioned matter is hereby REVERSED insofar as it held Employer responsible for paying for the deposition of Dr. Bonner. Claimant’s counsel shall refund $3,000 to Employer. The Board’s order is AFFIRMED in all other respects.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9747839. Public record. Not legal advice.