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KELLY v. W.C.A.B. (A-P-A TRANS. CORP.).

No. 839 C.D. 1985.

107 Pa.Commw. 223 (1987)

527 A.2d 1121

Donald B. Kelly, Petitioner v. Workmen's Compensation Appeal Board (A-P-A Transport Corporation), Respondents.

Commonwealth Court of Pennsylvania.

July 2, 1987.

Attorney(s) appearing for the Case

William Watt Campbell, for petitioner.

Robert M. Frankhouser, Jr., with him, William C. McCarty and Michael W. Babic, Hartman, Underhill & Brubaker, for appellee, A-P-A Transport Corporation.

Argued November 20, 1986, before Judges BARRY and PALLADINO (P), and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARRY, July 2, 1987:

Donald B. Kelly (claimant) appeals an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's determination that A-P-A Transport Corporation (employer) is entitled to a subrogation interest in the amount of $27,500.00.

It is undisputed that claimant suffered a work-related injury in 1980 for which he received benefits and that these benefits...

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