Guardian Can Challenge Subrogation Against Future Medical Benefits

The Commonwealth Court of Pennsylvania ruled that the guardian of a severely injured worker could challenge the employer’s entitlement to subrogate future medical benefits from a settlement with a third-party tortfeasor. Case: Beaver Valley Slag Inc. v. Marchionda (WCAB), No. 867 C.D. 2020, 03/10/2021, published. Facts and procedural history: Jason Marchionda worked for Beaver Valley Slag Inc. He suffered a severe head injury when a stone crusher machine malfunctioned while he was using it. Beaver accepted liability for a concussion, skull fracture and brain injury. The injuries resul...