Charles v. Grimm v. O. K. Keckley Co., and Third-Party v. Ramclif Supply and Evans Products Company, Third-Party Appeal of Evans Products Company

OPINION OF THE COURT

This appeal presents the narrow issue whether the Pennsylvania Workmen’s Compensation Act, as amended, Pa.Stat.Ann. tit. 77, § 671 (Purdon’s Supp.1976), requires that an employer pay a percentage of the counsel fees incurred by an employee in a successful action against a third party when the employer has been joined and held liable as a third party defendant. The Pennsylvania statute provides for reimbursement of a plaintiff-employee’s counsel fees under the heading “Subrogation of Employer”:

§ 671. Subrogation of employer to rights of employee against third persons;…