# Baierl Chevrolet v. Workmen's Compensation Appeal Board

> Commonwealth Court of Pennsylvania · July 22, 1992 · 149 Pa. Commw. 367

URL: https://www.frixlaw.com/law-library/cases/9762973

## Case

- **Full name:** BAIERL CHEVROLET, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (SCHUBERT), Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** July 22, 1992
- **Citations:** 149 Pa. Commw. 367; 613 A.2d 132; 1992 Pa. Commw. LEXIS 502
- **Precedential status:** Published
- **Opinion:** Dissent by McGINLEY
- **Judges:** McGinley, Friedman, Silvestri
- **Cited by:** 10 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/9762973

## How later opinions describe it (automated extraction)

- holding that “[t]here is no provision in Section 319 which permits the injured employee who entered into a notice of compensation payable . . . to bring a separate proceeding against the employer to enforce a subrogation right of an insurance company”
- rejecting subrogation claim where insurer, “in the record before us, did not join or appear in the proceeding either before [the WCJ] or before the Board, nor is it a party to the proceeding before us”

## Opinion text

*376 McGINLEY, Judge,
dissenting.
I respectfully dissent. The second paragraph of Section 319 of the Act; 77 P.S. § 671, provides that an “employer or insurance company who made the payments shall be subrogated ... if the right to subrogation is agreed to by the parties or is established at the time of hearing before the referee or the board.” (Emphasis added.)
In the present case, a supplemental agreement was executed on January 5, 1988, establishing Claimant’s injury as compensable. Blue Shield’s subrogation interest, in the amount of $2,844.00, was communicated to Employer by letter dated January 25, 1988. At this time, Employer did not object to Blue Shield’s request for subrogation. Referee Luxenberg’s decision granting Claimant’s request to withdraw his claim petitions, based on the supplemental agreement, was not filed until February 17, 1988. Consequently, I would conclude that Blue Shield’s subrogation interest was timely established and I would affirm the Board.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762973. Public record. Not legal advice.