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INSURANCE CO. OF NORTH AM. v. W.C.A.B

137 Pa.Commw. 393 (1991)

586 A.2d 500

INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (KLINE AND PACKARD PRESS), Respondents.

Commonwealth Court of Pennsylvania.

Decided January 28, 1991.

Petition for Allowance of Appeal Granted June 11, 1991.

Attorney(s) appearing for the Case

David A. Pennington, with him, Sharolyn Murphy Henderson, Swartz, Campbell and Detweiler, Philadelphia, for petitioner.

Richard T. Kelley, Deputy Chief Counsel, Harrisburg, for respondents.

Before CRAIG and DOYLE, JJ., and BARRY, Senior Judge.

OPINION

BARRY, Senior Judge.

The Insurance Company of North America (the insurer) appeals an order of the Workmen's Compensation Appeal Board (Board) which, by an equally divided vote, affirmed a decision of a referee denying the insurer's request for reimbursement of overpayments of medical expenses made in behalf of Gail Kline (the claimant in this case).

The insurer was paying both wage...

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