[DOWNLOAD] "Brubacher Excavating" by In the Supreme Court of Pennsylvania Middle District * eBook PDF Kindle ePub Free
eBook details
- Title: Brubacher Excavating
- Author : In the Supreme Court of Pennsylvania Middle District
- Release Date : January 20, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
In this appeal, we consider the boundaries of the statutory provision of the Workers' Compensation Act that grants an employer the right of subrogation when a third party is found to have caused an employee's compensable injury, 77 P.S. §671 ("Section 319"). Specifically at issue is whether Section 319 permits subrogation when an injured employee who is receiving workers' compensation benefits returns to work for a third-party employer after partial recovery from a compensable injury, the third-party employer wrongfully terminates the employee, and thereafter, the employee obtains a recovery for his termination pursuant to the Americans with Disabilities Act. While we reaffirm the significance and the strength of the statutory doctrine of subrogation in our workers' compensation system, based upon the plain language of Section 319 - which only allows subrogation where the third party causes the employee's compensable injury - we hold that in the context of a wrongful termination of an employee by a third-party employer, subrogation is not available. Thus, we affirm the order of the Commonwealth Court.