Supreme Court Weighs in on Carrier's Right to File 3rd-Party Action

The ongoing saga in Pennsylvania – colloquially referred to as the “reluctant plaintiff problem” – has perhaps come to an end. Section 671 of Pennsylvania’s Workers’ Compensation Subrogation Statute couldn’t be clearer. It unambiguously states, “…the employer shall be subrogated to the right of the employee.” Section 319 of the Act has appropriately been described as “clear and unambiguous,” “written in mandatory terms” and without “exceptions.” Kidd-Parker v. Workers’ Comp. Appeal Board (Phi...