Employer’s Subrogation Rights in a Heart and Lung Act Case

Date: June 9, 2010
Posted In: DLP Law

The Pennsylvania Commonwealth Court has ruled that the employer who pays an injured employee wage loss benefits under the Heart and Lung Act is entitled to subrogate against the injured employee’s recovery against a negligent third party. In Oliver vs. City of Pittsburgh, the Court ruled that Heart and Lung Act benefits must be given the same effect as workers’ compensation benefits as the similar purpose of the two benefit schemes requires consistent treatment noting that benefits paid under the Heart and Lung Act should be treated in the same manner as payments made pursuant to the Workers’ Compensation Act. The Court concluded that the legislature intended the employer’s subrogation right entitlement to apply to Heart and Lung benefits as well as Workers’ Compensation benefits.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.