Court Rejects Constitutional Challenge to Employer's Subrogation Right

The Commonwealth Court of Pennsylvania rejected an injured worker’s constitutional challenge to a provision of law granting employers an absolute right to subrogation against recovery from a third-party tortfeasor. Case: Kamp v. Green Acres Contracting Co. (WCAB), No. 1275 C.D. 2020, 01/21/2022, published. Facts and procedural history: Jamey Kamp worked for the Green Acres Contracting Co. He suffered injuries in 2016 when he was struck by a motor vehicle while performing road work. Green Acres issued a notice of compensation payable for Kamp’s injuries, and a workers’ compe...