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Commonwealth Court Contrasts Supersedeas Denial, Subrogation

Monday, October 10, 2011 | 0

An employer's sole remedy for payment of a claim that it was not liable for is subrogation, and not supersedeas reimbursement, the Commonwealth Court of Pennsylvania concluded.Case: GMS Mine Repair & Maintenance v. WCAB (Way), No. 92 C.D. 2011, 10/7/11, published/reported. Facts: Elmer Way filed a claim alleging that he developed occupational diseases that began on Aug. 23, 2004, while working for GMS Mine Repair and Maintenance. Procedural History: In 2005, GMS petitioned to join additional defendants, contending that other mining companies and employers may have caused Way's dise...

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