E.W. Bowman, Inc. v. Workers' Compensation Appeal Board

I believe that the Commonwealth Court incorrectly interpreted Section 306(e)(8)(vi) of the Workers’ Compensation Act (the Act), 77 P.S. § 513(8)(vi), to prevent apportionment of costs between multiple insurance companies, merely because that section permits only an “employer” to assert divided liability. E.W. Bowman, Inc. v. WCAB (Wilson), 809 A.2d 447, 451-2 (Pa.Cmwlth.2002). Section 305(a)(1) of the Act states that

Every employer liable under this act to pay compensation shall insure the payment of compensation in the State Workmen’s Insurance Fund, or in any insurance company, or mutual…