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MARK v. W.C.A.B. (MCCURDY)

894 A.2d 229 (2006)

Howard W. MARK and Cincinnati Insurance Company, Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (McCURDY), Respondent.

Commonwealth Court of Pennsylvania.

Decided March 10, 2006.

Attorney(s) appearing for the Case

Leta V. Pittman, Pittsburgh, for petitioners.

Thomas P. Howell, Asst. Counsel, Harrisburg, for respondent, Bureau of Workers' Compensation.

Vincent J. Quatrini, Jr., Greensburg, for respondent, Lorraine McCurdy.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, and SIMPSON, Judge.

OPINION BY Judge SIMPSON.

In this workers' compensation case we address supersedeas fund reimbursement under the Workers' Compensation Act (Act).1 In particular, we are asked to resolve an apparent split of authority. A recent case holds that reimbursement may be had for all payments actually made after supersedeas denial, including payment of benefits awarded retroactively for earlier periods of disability. Another line of cases holds...

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