"Simply, a public employer may not seek subrogation against the tort recovery of a public safety employee who is injured in a work-related automobile accident," the Commonwealth Court said.
August 07, 2019 at 04:28 PM
1 minute read
The Commonwealth Court has ruled that a self-insured workers’ compensation trust cannot subrogate an injured police officer’s recovery in a lawsuit against the motorist who injured him.
In doing so, the court reversed the ruling of the Workers’ Compensation Appeal Board, which held that the Delaware Valley Workers’ Compensation Trust was entitled to subrogation in claimant James Kenney’s third-party lawsuit against the motorist.
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