June 2018 Subrogation Newsletter
Future Credit In Pennsylvania Workers’ Compensation Third-Party Recovery Applies Only To Indemnity Benefits—Not Medical Benefits
A long-standing controversy in Pennsylvania workers’ compensation subrogation has been resolved in a manner most unfriendly to Pennsylvania small businesses and the entire workers’ compensation industry. On June 19, 2018, the Pennsylvania Supreme Court hung their hat on a mistaken turn of a phrase found within § 319 – the Pennsylvania workers’ comp subrogation statute. The Court held that the phrase “instalments (sic) of compensation” within § 319 refers only to indemnity benefits – not medical expense benefits.
Driving in the left lane for anything other than passing is not only illegal, its unsafe and results in thousands of accidents annually. If a driver is parked in the left lane on a four-lane highway and isn’t passing someone or making a left turn, the driver is breaking the law in most states and can be ticketed – no matter what speed they’re traveling. When looking for deeper pockets or additional defendants in auto collision litigation, don’t overlook the driver who violates Left Lane Laws as a possible defendant should an accident and damages result from an accident that otherwise could have been avoided. This article contains a link to our newest chart on Left Lane Laws in all 50 states.
If a workers’ compensation subrogation claim can be resolved quickly – even before the employee settles the third-party action filed by him – it improves the cost-effectiveness of the result. According to a recent federal circuit court decision, it appears that in Colorado, even if the employee has filed suit, a carrier can file a separate third-party suit for subrogation against the same defendants. This decision is significant because it provides subrogation professionals with another useful tool with which to resolve its subrogation liens well before the employee’s claim settles and without the concomitant demands for reduction of the lien that usually accompany negotiations between the employee and tortfeasor.