Court Won't Disturb Allocation of Settlement Proceeds That Limited Carrier's Lien

The Superior Court of Pennsylvania declined to disturb an allocation of settlement proceeds from a third-party tort action that kept 75% of the recovery out of reach for a comp carrier’s subrogation lien. Case: Buskey v. Kukurin Contracting, No. 734 WDA 2017, 07/10/2018, unpublished. Facts and procedural history: Robert E. Buskey Jr. worked for the Export Fuel Co. He suffered fatal injuries in an accident involving an asphalt roller in August 2012. Buskey’s widow later filed a wrongful death and survival action against Kukurin Contracting and Sakai America Manufacturing. Sakai ...