Poole v. Workers' Compensation Appeal Board

OPINION

Chief Justice ZAPPALA.

We granted Warehouse Club, Inc.’s, petition for allowance of appeal to determine whether proceeds from a legal malpractice action are subject to subrogation pursuant to Section 319 of the Workers’ Compensation Act of June 2, 1915, P.L. 736, art. Ill § 319 as reenacted and amended, 77 P.S. § 671. For the reasons below, we hold that such proceeds are subject to subrogation and reverse the order of the Commonwealth Court.

William R. Poole, Jr., is the Appellee here and was the claimant in the initial workers’ compensation action below. Poole sustained an injury during…