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3rd-Party Recovery Can't Be Used as Credit for Future Medical Expenses

By WorkCompCentral

Wednesday, June 20, 2018 | 0

The Pennsylvania Supreme Court unanimously ruled that an employer cannot seek reimbursement for future medical expenses from the proceeds of an employee’s recovery from a third-party tortfeasor, if the total recovery exceeds the amount of benefits that the employer has already paid. Case: Whitmoyer v. WCAB (Mountain Country Meats), No. 52 MAP 2017, 06/19/2018, published. Facts and procedural history: Craig Whitmoyer suffered an on-the-job injury while working for Mountain Country Meats in January 1993. The injury resulted in the amputation of his right arm, at the forearm. Whitmo...

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