Chartwell Wins Important Pennsylvania Appellate Decision for Employer



Andrew E. Greenberg

ANDREW E. GREENBERG has extensive litigation experience in commercial, general casualty, and workers' compensation matters and is a recognized authority in the field of Pennsylvania workers' compensation law. Mr. Greenberg has been an author and lecturer for the American Bar Association, the Pennsylvania Bar Institute, The Legal Intelligencer, The Pennsylvania Law Weekly, The Pennsylvania Defense Institute and The Pennsylvania Self-Insurers' Association. He regularly appears on the television program "Law Journal" and...

Lee S. Fiederer

LEE S. FIEDERER focuses his practice on the defense of workers’ compensation disputes. He represents national, regional and local insurance carriers, as well as self-insured employers, large deductibles, captives, pooled insureds and third-party administrators and brokers. His clients span across industries, including health care, security and power companies, as well as placement agencies. As a former in-house counsel for a national insurance company, Mr. Fiederer truly understands his clients’ issues and business...

The Commonwealth Court of Pennsylvania recently ruled that a Chartwell client was entitled to recovery for Workers’ Compensation benefits from an employee who won a third-party settlement.

 

A Pennsylvania resident was injured in a motor vehicle accident while in Delaware as part of her employment and received Workers’ Compensation benefits pursuant to the Pennsylvania Workers’ Compensation Act. She then filed a third-party action, in Delaware, against the Delaware driver and received a $160,000.00 settlement. The employer and insurance company (together, Employer) filed a Review Petition, asserting that they were entitled to subrogation.

 

The Judge granted the Review Petition and directed the employee Claimant to pay the employer $101,381.94. The Appeal Board affirmed, and the Claimant then petitioned Commonwealth Court for review.

 

Reasoning that the Board properly determined that Pennsylvania law applies here and that the employer met its burden of proving its entitlement to subrogation, Commonwealth Court affirmed the decisions below. In its opinion, the Court cited the authoritative treatise, Workers’ Compensation Law and Practice authored by Chartwell Attorney Andrew Greenberg.

 

A link to the case is available below:

http://www.pacourts.us/assets/opinions/Commonwealth/out/1432CD13_3-10-14.pdf?cb=1