The Commonwealth Court may have finally resolved the pain and suffering apportionment debate in the case of Thompson v. WCAB (USF&G Co.), No. 174 C.D. 1997 (filed June 21, 2002). The issue was clear: Could a personal injury settlement be immunized from an employer’s or compensation carrier’s lien by characterizing the settlement as pain and suffering?
In Thompson, the Commonwealth Court determined that the injured worker could not protect his or her settlement from the employer’s lien merely by characterizing the settlement as pain and suffering. Accordingly, the Thompson decision is a major victory for employers and compensation carriers.
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