No Subrogation Allowed Against Third Party Tort Recovery Where Heart and Lung Benefits Were Paid

In the Commonwealth Court case of Kenney v. WCAB (Lower Pottsgrove Twp.), No. 845 C.D. 2018 (Pa. Cmwlth. Aug. 2, 2019)(Op. by Leavitt, P. J.), the Court held that there is no subrogation allowed against a third party tort recovery by a Plaintiff in a motor vehicle accident case when the benefits that were previously paid to the injured Plaintiff by the lienholder were Heart and Lung Benefits.  The Court ruled that this is so even if the benefits are paid out of a Trust.

In so ruling, the Commonwealth Court followed the Pennsylvania Supreme Court's decision in the case of Pennsylvania State Police v. WCAB (Bushta), 183 A.3d 958 (Pa. 2018)(Bushta II).

According to the Opinion, this matter arose out of a work-related car accident when the Plaintiff's police cruiser was struck by another vehicle.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney Scott Cooper of the Harrisburg, PA law office of Schmidt Kramer for bringing this decision to my attention.

Pennsylvania Supreme Court Rules Pennsylvania State Police Not Entitled to Subrogate Against Claimant's Tort Settlement

In the case of Pennsylvania State Police v. WCAB (Bushta), No. 14 WAP 2017 (Pa. May 29, 2018) (Op. by Todd, J.), the Pennsylvania Supreme Court affirmed the Commonwealth Court’s decision which held that the Pennsylvania State Police does not have a right of subrogation against a claimant’s tort settlement with a tortfeasor for benefits that the claimant received under the Heart and Lung Act.  

Anyone wishing to review a copy of this decision may click this LINK. 

I send thanks to the prevailing Plaintiff’s attorney, Bruce S. Zero, Esquire of the Scranton, PA firm of Powell Law for bringing this case to my attention.  

Pennsylvania Commonwealth Court Reaffirms That Heart and Lung Benefits Are Not Subject to Subrogation Under MVFRL

In a recent decision in the case of Pennsylvania State Police v. WCAB, No. 2426 C.D. 2015 (Pa. Cmwlth. Oct. 26, 2016), the Pennsylvania Commonwealth Court followed it prior decision in the case of Stermel v WCAB, 103 A.3d 876 (Pa. Cmwlth. 2014), and reaffirmed that Heart and Lung benefits are not subject to Subrogation pursuant to Section 1720 of the MVFRL. 

Stated otherwise, the court ruled that the employer, which in this case was the Commonwealth of Pennsylvania, was not entitled to subrogation from Claimant's third-party recovery in a motor vehicle accident case.

Anyone wishing to review a copy of this decision may click this LINK

I send thanks to Attorney Bruce Zero of  Powell Law in Scranton, PA for bringing this decision to my attention.