Liberty Mutual Insurance v. Domtar Paper Co.

We granted allowance of appeal to determine whether Section 319 of the Pennsylvania Workers’ Compensation Act (“WCA”), 77 P.S. § 671, confers on employers or their workers’ compensation insurers a right to pursue a subrogation *466claim directly against a third-party tortfeasor when the compensated employee who was injured has taken no action against the tortfeasor. Based on established precedent, the Superior Court held that Section 319 does not permit employers/insurers to commence an action directly against the third-party tortfeasor, and affirmed the trial court’s grant of preliminary…