Powell v. Sacred Heart Hospital

Opinion by

Senior Judge Barbieri,

Before this Court is the appeal by Pennsylvania Manufacturers’ Association Insurance Company (PMA), of the order of a trial court, denying its claim to be subrogated out of a third party settlement for workmen’s compensation benefits required to be paid by PMA because of a death, the basis for the third party funds. The Plaintiff in the third party case was Pamela A. Powell, widow of David W. Powell, deceased employee, and the third party recovery resulted from a malpractice claim arising out of surgery required by a compensable work injury sustained by…