Court Publishes Decision Allowing Subrogation on Recovery, Denying Penalty on Employer

The Commonwealth Court of Pennsylvania has published its finding that an employer’s reimbursement from a worker’s third-party recovery excluded medical expenses after the date of her recovery and that a penalty was not warranted. The court’s original decision in Albert Einstein Medical Center v. WCAB (Griffis), No. 280 C.D. 2019, was released more than four years ago as an unpublished opinion. Only published opinions are binding precedent in Pennsylvania. The employer applied for the court to publish the opinion in September, and the application was granted on Thu...