Insurers Can't Sue To Recoup Workers' Comp. Damages In Pa.

Law360, Philadelphia (September 30, 2013, 2:02 PM EDT) -- Insurers do not have a right to pursue subrogation suits against third parties to recover damages paid out as workers’ compensation claims without independent legal action by the injured employee, the Pennsylvania Superior Court ruled on Friday.

In a precedential ruling, a three-judge panel found that Liberty Mutual Insurance Co. had improperly sued a real estate trust to recover nearly $35,000 worth of workers’ compensation it paid to an injured trucker despite the fact that the Pennsylvania Worker’s Compensation Act and subsequent state case law gave...
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