VALORA v. PA EMPLOYEES BENEFIT TRUST FUND, 501 MAL 2004 (Pa. 10-4-2005)

884 A.2d 250

WILLIAM VALORA, JR., AS PARENT AND NATURAL GUARDIAN OF BENJAMIN VALORA AND WILLIAM VALORA, JR., IN HIS OWN RIGHT, Respondent v. PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND, Petitioner.

No. 501 MAL 2004.Supreme Court of Pennsylvania, Middle District.
October 4, 2005.

No. 501 MAL 2004, Petition for Allowance of Appeal from Order of the Superior Court.

Prior report: 847 A.2d 681.

ORDER
PER CURIAM

AND NOW, this 4th day of October, 2005, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issues:

1. Did the Superior Court err as a matter of law when it ignored Petitioner’s contractual right to subrogation and treated this as a case of equitable subrogation?
2. Did the Superior Court err as a matter of law when it relied on precedent under the Worker’s Compensation Act to arrive at its conclusion that Petitioner was required to pursue its subrogation rights diligently?

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