from the proceeds of the third-party tortfeasor settlement pursuant to Section 319 of the Act, it chose to compromise that amount. The Fund may not be used to finance Insurer’s compromise. Young, 818 A.2d at 604 (emphasis added). Unlike the insurer in Young, Insurer here did not voluntarily agree to compromise its sub-rogation lien by accepting an amount less than what it was entitled to receive but, rather, sought reimbursement for the full amount of compensation it was owed. In the Third-Party Agreement, Insurer merely recognized the proportion of its subrogation lien that it was legally entitled to retain at that time under Section 319, which has been interpreted to require that Insurer reimburse Claimant for the costs of recovery. See Pergola, 549 Pa. at 497-99, 701 A.2d at 564-65 (<HOLDING>). 12 . While the $164.42 per week that Insurer
holding that the deadline under the grace period was april 24 1997 holding that the legal expenses attributable to the accrued lien and the grace period must be prorated between the employer and the claimant holding that the lien bond releases the property from the lien but the lien is then secured by the bond holding that the average number of days to payment nearly doubled between the historical period and the preference period which based on the facts of that particular case made the payments outside the ordinary course of dealings between the plaintiff and defendant holding that the claim accrued after the employer denied a request for arbitration as untimely under the collective bargaining agreement