Van Den Heuval v. Wallace

WIEAND, Judge:

The issue in this appeal concerns the right of a workmen’s compensation insurance carrier, who paid benefits in accordance with the Workmen’s Compensation Law of Delaware, to intervene in an employee’s third party tort action in Pennsylvania. The trial court held that the carrier had no right of subrogation, even though such a right was expressly granted by Delaware law, and denied the carrier’s petition to intervene. For the reasons hereinafter set forth, we reverse.

Jacob Van Den Heuval, a resident of Maryland, was employed by Breeding & Day, Inc., a Delaware corporation having…