Palmosina v. Laidlaw Transit Co., Inc.

WIEAND, Judge:

In this appeal, we are asked to correct a legislative oversight appearing in the initial draft of the Motor Vehicle Financial Responsibility Law. 1 The trial court, applying literally the language of the statute and the substantive law of this Commonwealth, held that a pedestrian employee could effect a double recovery from the third party tortfeasor even though she had previously been paid benefits by her employer’s workers’ compensation carrier. After careful review, we agree with the learned trial judge that the deficiency in the statute was for the legislature to correct.

On…