IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

ROBERT ARLET, : No. 262 WAL 2020 : Petitioner : : Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : : WORKERS' COMPENSATION APPEAL : BOARD (COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT OF : LABOR AND INDUSTRY, BUREAU OF : WORKERS' COMPENSATION), : : Respondents :

ORDER

PER CURIAM AND NOW, this 26th day of May, 2021, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:

Did the Commonwealth Court of Pennsylvania err as a matter of law in its July 29, 2020 Opinion and Order when it affirmed the W[orkers’ Compensation Appeal Board]’s finding that Acadia [Insurance Company] did not have a right of subrogation for benefits paid to [Petitioner] under a Jones Act[1] policy of insurance, despite the Commonwealth Court’s initial holding in this case that [Petitioner] was not a seaman and/or crew member entitled to the benefits which Acadia should not have paid him?

1 Section 33 of the Merchant Marine Act of 1920, 46 U.S.C. § 688.