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COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (03/19/81)

decided: March 19, 1981.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR & INDUSTRY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND LIBERTY MUTUAL INSURANCE COMPANY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Liberty Mutual Insurance Co. v. Commonwealth of Pennsylvania, Bureau of Workers Compensation, No. A-76456.

COUNSEL

Lisa Roth, Assistant Attorney General, with her Laurence W. Dague, Assistant Attorney General, for petitioner.

Mary J. McCrory, with her Scott E. Becker, Kyle and Ehrman, for respondent.

Judges Mencer, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 57 Pa. Commw. Page 634]

The Commonwealth of Pennsylvania (Commonwealth) has appealed from a final order of the Workmen's Compensation Appeal Board (Board) which granted partial reimbursement to the Liberty Mutual Insurance Company (insurer) from the Commonwealth's Supersedeas Fund, as a result of a petition to modify an award of benefits to Kenneth D. Wade (claimant). We reverse.

The Supersedeas Fund was created by the General Assembly in 1975 to provide reimbursement to insurers who make payments to claimants after modification petitions are filed but before a decision can be made. Section 443 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, added by Section 3 of the Act of February 8, 1972, P.L. 25, 77 P.S. ยง 999. The issue in this appeal is whether the Board erred in reversing the referee's denial of reimbursement for benefits paid to the claimant from May 4, 1978 through July 21, 1978.

The chronology of events which led up to this appeal can be summarized as follows:*fn1

[ 57 Pa. Commw. Page 635]

March 13, 1978: Termination/modification petition filed by the insurer requesting a supersedeas.

May 4, 1978: Hearing before the referee on the merits of the supersedeas request and the termination/modification petition.

May 15, 1978: Referee executes order formally granting supersedeas, effective May 4, 1978, and suspending ...


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