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Growth Horizons, Inc. v. Workers' Compensation Appeal Board

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SUBMITTED: August 4, 2000

Growth Horizons, Inc., insured through Dodson Insurance Group (Employer), petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that reversed the decision of a Workers’ Compensation Judge (WCJ) and directed that Employer be paid only a portion of its subrogation lien against the recovery that the claimant Jennifer Hall secured from a third-party tortfeasor. Employer contends that the Board acted beyond the scope of its appellate role by ignoring the findings of the WCJ and performing its own factfinding and that substantial, competent evidence supports the WCJ’s findings that Employer did not waive or compromise its subrogation lien.

Hall was injured in an automobile accident while in the course of her employment. Employer issued a notice of compensation payable under which Hall was paid $458.30 per week. Hall filed an action against several third-party defendants; she was represented in that action and in the workers’ compensation matter by the law firm of Wapner, Newman & Wigrizer (Wapner, Newman), originally by Attorney William Goodman. Wapner, Newman agreed with Frank Cech, the claims administrator for Employer’s insurer, to represent Employer’s interests in the third-party litigation and to protect Employer’s subrogation lien.*fn1

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