Monday, May 19, 2003

A. Zacour v. WCAB (Mark Ann Industries)

A. Zacour v. WCAB (Mark Ann Industries) is a case in which the Claimant received a third-party settlement that exceeded the accrued workers' compensation lien. The issue was at what percentage the Claimant should receive credit for the Claimant's costs of litigation when a medical expense is incurred. The WCJ and the Board used the percentage of total costs of the third-party award that the Employer was responsible for. However, the Commonwealth Court noted that to the extent the Claimant used the balance of the subrogation lien for medical, the Claimant would be shorted. Accordingly, the Court held the Claimant was entitled to receive the same percentage of medical expenses as the percentage of future TTD the Claimant is entitled to receive during the grace period.

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