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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Lillian Frazier, Petitioner v. Workers' Compensation Appeal Board (Bayada Nurses, Inc.), Respondent BEFORE: : : : : No. 905 C.D. 2009 : Submitted: August 28, 2009 : : :

HONORABLE DAN PELLEGRINI, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JIM FLAHERTY, Senior Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE PELLEGRINI

FILED: September 17, 2009

Lillian Frazier (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) reversing the order of the Workers' Compensation Judge (WCJ) that denied Specialty Risk Services, Inc's1 subrogation rights against Claimant's third-party recovery against the Southeast Pennsylvania Transit Authority (SEPTA). The real party in interest is SEPTA, which has agreed to defend, indemnify and hold Claimant harmless with respect to any claim brought against Claimant by Employer for subrogation of its workers' compensation payments.
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Specialty Risk Services, Inc. is the insurer for Employer Bayada Nurses, Inc.

On March 1, 2005, Claimant was a passenger on a SEPTA bus when it was involved in a motor vehicle accident. As a result of the accident, Claimant suffered a fractured ankle and began receiving workers' compensation benefits from Employer. In addition to receiving workers' compensation benefits, Claimant filed suit against SEPTA for her personal injuries and eventually settled on July 26, 2007, for $75,000. The settlement provided that SEPTA would indemnify and hold

Claimant harmless for the amount of any subrogation lien Claimant might have to pay to Employer. Counsel for SEPTA also agreed to defend Claimant in this matter.

Employer did bring a subrogation claim against Claimant pursuant to Section 319 of the Workers' Compensation Act, 77 P.S.

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