This is a case involving Heart/Lung and a 3d party settlement.  Stipulation settling for ~$1M was signed/executed six days after Stermel case (city employer not entitled to recover H/L benefits from 3d party tort settlement) was decided on November 13, 2014.  But WCJ did not issue decision approving stipulation until after Stermel came down.  On appeal, Claimant sought retroactive application so as to benefit from Stermel’s ruling.  Because matter was still “pending,” Claimant gets benefit of its ruling and subrogation out of his 3d party settlement is not permitted.  

http://www.pacourts.us/assets/opinions/Commonwealth/out/2426CD15_10-26-16.pdf?cb=1




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