rights

I recently read a newsworthy article from the National Workers' Compensation Defense Network by Robert F. Horn, Esquire.In a nutshell, the article desribes a recent Peennsylvania Supreme Court decision that seems to restrict the Employer's rights of Subrogation against a negligent party where the employee has no interest in participating in the recovery action.The full article can be found HERE. The actual question asked in the 'Domtar' case was this: "Does Section 319 of the Pennsylvania Workers' Compensation Act, 77 P.S. § 671, allow an employer/insurer to step into the shoes of an injured employee to subrogate against the negligent tortfeasor causing the injuries resulting in the payment of workers' compensation benefits?"IMHO, the implication of the ruling serves to limit the independent rights of the Employer to recover costs associated with a Workers' Compensation claim that impact their Workers' Comp Experience Mod (XMod) and therefore the employer's long-term Workers' Compensation costs.The court was not unanimous on their position and I sense that the judges that chimed in with the minority opinion actually got it right.

Continue Reading...