Frazier v. Workers' Compensation Appeal Board

6 A.3d 1288, 607 Pa. 373, 2010 Pa. LEXIS 2536

• Court: Supreme Court of Pennsylvania
• Decided: October 29, 2010
• Docket: 627 EAL 2009
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 29th day of October, 2010, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:

Whether Section 23 of [Act 44, Act of July 2, 1993, P.L. 1990,] provides sovereign immunity from subrogation and/or reimbursement claims sought against an employee who has entered into a third[-]party settlement with a Commonwealth Party such as Southeastern Pennsylvania Transportation Authority (“SEPTA”).

Additionally, we direct the parties to address the purposes and practical application of Section 23 under the Workers’ Compensation Act.