Appeal from the Order of the Workmen's Compensation Appeal Board in case of Raymond L. Keagy v. George O. Martin & Sons, Inc. and Pennsylvania National Mutual Casualty Insurance Company, No. A-71574.
Mary Ellen Krober, Assistant Attorney General, for petitioner.
Robert G. Rose, with him Spence, Custer, Saylor, Wolfe & Rose, and James N. Diefenderfer, for respondents.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt and DiSalle. Opinion by Judge DiSalle.
[ 34 Pa. Commw. Page 266]
This case comes before this court upon a petition for review of an order of the Workmen's Compensation Appeal Board (Board) dated January 6, 1977. The Board's order affirms a referee's decision permitting the Pennsylvania National Mutual Casualty Insurance Company (Insurer) reimbursement from the Workmen's Compensation Supersedeas Fund (Fund) for payments made to Raymond Keagy (Keagy) pursuant to a petition to terminate.
On November 25, 1974, Keagy was injured on the job. On December 9, 1974, the Insurer acknowledged the claim and admitted to its compensability by filing
[ 34 Pa. Commw. Page 267]
a Notice of Compensation Payable with the Commonwealth of Pennsylvania, Department of Labor and Industry. Thereafter, Keagy received compensation for his disability from the Insurer for approximately three months.
On March 13, 1975, the Insurer filed with the Department, a petition for termination of the liability to Keagy alleging that he was no longer disabled and thus no longer entitled to workmen's compensation benefits. The petition also requested a hearing on the collateral issue of whether a supersedeas should be granted to the Insurer, pending the final outcome of the hearing on the termination petition.
On April 21, 1975, the referee granted the Insurer's request for supersedeas as of April 17, 1975. The Insurer stopped making compensation payments to Keagy on April 17, 1975. On October 1, 1975, the referee granted the termination petition, finding that Keagy's disability had ceased as of February 28, 1975.
The Insurer then requested reimbursement from the Fund for the payments made by the Insurer to Keagy from the date the termination petition was filed until the date that the Insurer actually ceased making payments. The referee decided that the Insurer was entitled to reimbursement for these payments.
The Commonwealth appealed this decision to the Board alleging that the referee committed an error of law in awarding reimbursement since the supersedeas had ...