DePaul Concrete v. Workers' Compensation Appeal Board

SMITH, Judge.

The ultimate question posed by DePaul Concrete (DePaul) for resolution by the Court is when does an employer’s cause of action .in the nature of a claim for subrogation arise in order to determine which version of Section 1720 of the Motor Vehicle Financial Responsibility Law (MVFRL), as amended, 75 Pa.C.S. § 1720, controls the outcome of this appeal. Section 1720 governs the allocation of proceeds of a third-party tort recovery and the subrogation rights of an employer or its workers’ compensation carrier with regard to such recovery in actions arising out of the maintenance or…