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High Court to Decide Whether Carrier Properly Commenced Suit Against 3rd Party to Recover Lien

By WorkCompCentral

Friday, August 11, 2017 | 593 | 0 | 0 min read

The Pennsylvania Supreme Court will decide whether a comp carrier could bring a lawsuit against a motorist who was allegedly responsible for causing injuries to an insured’s employee. Although the court has said a carrier looking to exercise its subrogation rights cannot force the issue by bringing a third-party tort action on its own, the court's 2015 decision for Liberty Mutual Insurance v. Domtar Paper specified that a carrier could go after a culpable third party by way of "a single action brought in the name of the injured employee or joined by the injured e...

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