GMS Mine Repair & Maintenance, Inc. v. Workers' Compensation Appeal Board
2011 Pa. Commw. LEXIS 512
| Pa. Commw. Ct. | 2011Background
- Claim filed 12/1/2004 alleging occupational diseases from 8/23/2004 while at GMS.
- GMS filed 2/24/2005 a joinder petition naming R&R Mining and others as potential liable entities.
- WCJ 9/22/2006 granted the claim against GMS due to GMS not answering the petition.
- GMS appealed and requested supersedeas; WCAB denied the request.
- 12/21/2007 WCAB reversed, holding R&R rather than GMS was the liable employer.
- 3/12/2010 WCJ denied GMS’s Supersedeas Fund reimbursement; 12/22/2010 WCAB affirmed; GMS seeks review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Supersedeas Fund reimbursement applies. | GMS entitled under § 443; final determination shows overpayments not payable. | Funds are for payments made when payable; here employer not liable. | Not applicable; final determination was misapplied. |
| Whether remedy lies by subrogation against the true employer. | Subrogation under § 319 permits recovery from third party. | Supersedeas Fund not for third-party liability; subrogation suffices. | Employer must pursue subrogation against the determined liable party. |
| Whether equity can override procedural preservation and justify Fund recovery. | Equity supports recovery due to unique factual posture. | Issue not preserved; no support in law. | Waived; no equitable relief here. |
Key Cases Cited
- Shaughnessy, 837 A.2d 697 (Pa.Cmwlth.2003) (Supersedeas Fund only for compensation not payable; not for misidentified payer)
- Kidd-Parker v. Workers’ Compensation Appeal Board (Philadelphia School District), 907 A.2d 33 (Pa.Cmwlth.2006) (Fund does not assume third-party liability; third-party subrogation governs)
- Consolidated Freightways, Inc. v. Workers’ Compensation Appeal Board, 876 A.2d 1069 (Pa.Cmwlth.2005) (Five requirements for Fund reimbursement)
- Kiebler v. Workers' Compensation Appeal Board (Specialty Tire of America), 738 A.2d 510 (Pa.Cmwlth.1999) (Supersedeas Fund basics; reimbursement context guidance)
- Insurance Company of North America v. Workmen's Compensation Appeal Board (Kline and Packard Press), 137 Pa.Cmwlth. 393 (Pa.Cmwlth.1991) (Subrogation as equity-based background; not fund-based)