No statutes or acts will be found at this website.
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3772 (June 29, 2024).
• No statutes or acts will be found at this website.
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3772 (June 29, 2024).
Previous Doc Chapter 121 Contents Title 34 Contents Full Screen Previous Doc Chapter 121 Contents Title 34 Contents Full Screen 34 Pa. Code § 121.18. Subrogation. 34 Pa. Code § 121.18. Subrogation.(a) If an employee obtains a third-party recovery under section 319 of the act (77 P. S. § 671), a Third Party Settlement Agreement, Form LIBC-380, shall be executed by the parties.
(b) If credit is requested against future compensation payable, a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, may also be filed with the Bureau, including the amount and periodic method of pro rata reimbursement of attorney fees and expenses.
Source
The provisions of this § 121.18 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305090) to (305091).
Notes of Decisions
Determination
Where there is no opportunity for the Fund to participate or be heard, an agreement of parties other than the Fund will not be a determination, but only an agreement on which to base a claim, under § 121.18. Bureau of Workers Compensation v. Workmens Compensation Appeal Board (Insurance Company of North America) , 516 A.2d 1318 (Pa. Cmwlth. 1986).
Gross Method
It is well settled that the gross method and not the net method is the accepted means of calculating payments under employers subrogation interest. Mrkich v. Workers Compensation Appeal Board (Allegheny Youth and Childrens Services) , 801 A.2d 668 (Pa. Cmwlth. 2002).
It is well settled that the gross method and not the net method is the accepted means of calculating payments under employers subrogation interest. Budd Co. v. Workers Compensation Appeal Board (Settembrini) , 798 A.2d 866 (Pa. Cmwlth. 2002).
Party
The Department of Labor and Industry cannot be deemed to be a party to an agreement to terminate proceedings before a referee or on notice of the agreement merely by complying with its regulations and therefore the Commonwealth is not bound by the determination or by the appeal time limit. Bureau of Workers Compensation v. Workmens Compensation Appeal Board (Insurance Company of North America) , 516 A.2d 1318 (Pa. Cmwlth. 1986).
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