Brubacher Excavating, Inc. v. Workers' Compensation Appeal Board

As I do not believe that the majority’s holding can be reconciled with this Court’s construction of section 319 in Poole v. Workers’ Comp. Appeal Bd. (Warehouse Club, Inc.), 570 Pa. 495, 810 A.2d 1182 (2002), and more fundamentally, with the policies underlying section 319’s right to subrogation, I respectfully dissent and would reverse the decision of the Commonwealth Court.

Section 319 of the Workers’ Compensation Act (the “Act”) provides, in relevant part, that:

Where the compensable injury is caused in whole or in part by the act or omission of a third party, the employer shall be…