Pennsylvania Manufacturers' Ass'n v. Wolfe

BECK, Judge:

This case presents a question not previously addressed in our appellate case law. The issue is: Where an attorney for an injured employee who has been paid worker’s compensation benefits negotiates a structured settlement on behalf of the injured employee in the employee’s action against a third party tortfeasor, and the initial payment under the settlement is not sufficient to pay both the attorney’s fee and the subrogation claim of the employer’s compensation carrier under Section 319 of the Workmen’s Compensation Act, Pa.Stat.Ann. tit. 77, § 671 (Purdon 1989), is the attorney…