Case Law Update | Davis v. WCAB (Pa. Cmwlth. December 30, 2015) | PA Work Injury

December 31, 2015

Caputo of Pittsburgh for Claimant Karen Davis v. Anthony Ziccardi for Employer/Insurer:


Question presented is whether Employer’s WC Insurer is entitled to subrogation against Claimant’s recovery of uninsured motorist benefits from a non-negligent co-employee’s personal automobile policy for which Employer did not pay.


Claimant observes that workers’ compensation pays an insured employee medical and wage benefits. In a personal injury case, the injured party must also prove negligence, and, the injured party may receive payment for pain and suffering in addition to medical expenses.  Claimant maintains that the employer should have the right to subrogation only where it has paid for the uninsured/underinsured motorist coverage. However, this court has already concluded that an employer has the right to subrogation not only where the employer paid for the policy, but also where a third party, such as a customer or a co-worker, paid for the policy. Hannigan, 860 A.2d at 640 n.11. Because Claimant’s co-employee paid for the uninsured motorist insurance policy, Employer was entitled to subrogate against Claimant’s settlement proceeds.

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