Powell v. Sacred Heart Hospital

*584Concurring Opinion by

Judge Barry:

I concur in the opinion in this case but feel I must register my objection to the statement in footnote number 3 to the following effect: “We note that no proofs are required but that subrogation by the insurer or self-insurer is automatic. Swink v. Workmen's Compensation Appeal Board (Burrell Const. & Supply), 97 Pa. Commonwealth Ct. 623, [510 A.2d 860 (1986)]”. Swink in my judgment raised a problem which is not involved in the present case; i.e., whether an employer who may be negligent is still entitled absolutely to subrogation out. of a fund created by a…