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

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...