PA: Subrogation Permitted vs Malpractice Case

The Pennsylvania Supreme Court has held that if an injured employee sues his lawyer for mishandling his personal injury case, his insurer can recoup its workers' comp payments from the proceeds of the malpractice suit. In WILLIAM R. POOLE, JR., v. WORKERS' COMPENSATION APPEAL BOARD (WAREHOUSE CLUB, INC.) (J-21-2002, 11/20/02), plaintiff slipped and fell on ice in front of his employer, Warehouse Club. He received workers' comp benefits for the injury. He later sued his lawyer, claiming that the lawyer failed to file a timely complaint against the owner of the property. The lawyer settled....